The law that governs appeals to this Court against arbitral awards is very clear.
Section 98(10) of the Labour Act [Chapter 28:01] provides,
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
This is an appeal against an arbitral award filed in this Court by the Appellants. Does the appeal in its grounds comply with the above provision? Respondent’s answer to this question is that, it does not, hence it has raised a point in limine to that effect. More
This is an application for leave to file medical documents and amend grounds of appeal to include three more grounds. On the 2nd March, 2015 Applicant filed an appeal (LC/H/181/15) in this Court against the Disciplinary Authority‘s determination of the 10th April, 2014 in which he was dismissed from employment for:-
- Not reporting for duty on time since 3 June, 2012 to 28 March, 2013.
- Disregarding official instruction directing members to sign in and out in the attendance register.
- Absenting himself from duty during office hours for the period mentioned above. More
This matter was set down as an appeal against the decision of the National Employment Council for the commercial sectors hereinafter referred to as the NECCS. Appellant had been found guilty of inciting fellow employees to be violent against the employer at a time when they were being given their salaries. The dismissal decision was arrived at in his default. He was aggrieved by the dismissal and appealed to the Local Joint Committee (LJC). More
This matter has a chequered history. It clearly depicts the fact that the wheels of justice move at a painfully slow speed. It has been pending since 2003. The matter has been afflicted by various applications, correspondence flying between the appellant’s legal practitioners and the 1st respondent with some of the correspondence exhibiting the use of intemperate language. Allegations of insincerity have been made by the 1st respondent against appellant’s legal practitioners. Letters were addressed to the Senior Judge of this court so that the learned judge could wade in and give some direction in the matter. Court applications have... More
This is an appeal against a decision by the Appeals Officer of the respondent to upheld the determination and penalty imposed by the Disciplinary Authority. Appellant was employed the respondent as a Divisional Accountant based at the Southern Division at the Bulawayo depot. On 15 February 2016 appellant was suspended from duty on allegations of committing serious acts of misconduct. Disciplinary proceedings were held and appellant was found guilty. He was dismissed from employment on 9 March 2016. Appellant appealed to the Appeals Officer. He was successful on one ground. The rest of the grounds did not succeed and the... More
The applicant was employed as the Southern Division Accountant by respondent. On 15 February 2016 he was suspended from duty in terms of the National Code of Conduct, Statutory Instrument 15 of 2006. He was charged of gross incompetency or inefficiency in the performance of his work and habitual and substantial neglect of duties.
Following disciplinary proceedings held on 29 February 2016, the applicant was found guilty as charged and was dismissed from employment. More
The appellant in this matter was employed by the respondent as an accounts clerk in its accounts department.
Misconduct allegations were raised against the respondent. The charge was
“Lack of skill”
The specific allegations were;
• Wrongly compiling and submission of VAT returns.
• Petty cash – incorrect balances and absence of reconciliations for 2011.
• Reconciliation of debtors and creditors not done.
• Missing files, missing documents and incorrect filing system.
The respondent was found guilty and she was dismissed from employment. More
