This is an appeal against a determination by the Appeals Authority handed down on 11th June 2014 which determination upheld or earlier decision by the respondent’s Disciplinary Committee to dismiss the appellant from employment with effect from the 11th of June 2014.
The material background facts to the matter are as follows;
The appellant was employed by the respondent. At the material time of the commission of the misconduct he was engaged as a supervisor in the Sorting Section.
On the 20th of May 2014 the appellant was deployed on the main plant sorthouse. He was supervising a group of... More
This is an appeal against the decision of an arbitrator which ordered the reinstatement of the respondent or payment of damages in the alternative.
The respondent was a branch manager based at the Mubaira branch of the appellant. His duties included driving company hearse. On 14 June 2014 while returning from a funeral driving a company hearse the respondent was involved in an accident.
He was charged in terms of section 4 (a) of the Labour (National Employment Code of Conduct) Regulations 2006 S I 15 of 2006 “the Code”. It was alleged he took five hours to travel a... More
This is an appeal against the decision of the Appeals Committee of the National Employment Council for the Commercial Sector which found the respondent not guilty of the allegations of misconduct that he was facing.
The facts are largely not in dispute. The Respondent was driving the appellant’s vehicle when on 14 April 2014 at about 0530 hours he was involved in an accident along the Chitungwiza road. The appellant overshot the roundabout and hit the Kerb. He caused damage to his employer’s vehicle in that both right-side tyres of the vehicle were damaged. More
MUSARIRI, J:
On 4 August 2015 at Harare, Arbitrator B Mudiwa issued on arbitration award. He ordered appellant to reinstate respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The grounds of appeal complained that,
“1. The Honourable Arbitrator grossly misdirected himself on the facts and evidence in circumstances amounting to a misdirection of law including but not limited to the following
a) That the appellant assigned the respondent drivers to drive him about;
b) That respondent took no action for the period ranging from December 2012... More
This is a typical case where the wheels of justice grind at a very slow speed indeed.
On 6 February 2008 President Kachambwa (as he then was) issued an order for the reinstatement of the applicant with an alternative to be paid damages in lieu of such reinstatement. The respondent thereafter wrote a letter to the applicant stating that he would be reinstated as from 1 October 2008. It is alleged that the applicant did not report for duty as instructed and, the respondent proceeded to hold a disciplinary hearing in the applicant’s absence culminating in his dismissal. The applicant... More
The matter was placed before me as application for review and an appeal against an arbitral award handed down by Honourable B. Chikwana on the 22nd July 2015. On the date of hearing the court raised a point mero-motu. Although the point was not specifically pleaded to by the parties, it is a point of law which the court was entitled to raise as the point goes to the validity of proceedings before the court. The point pertains to the capacity of the Applicant/Appellant to appear before the Court. More
On 14 December 2015 at Harare, labour officer B Chikwanha made a ruling which ordered appellant to reinstate respondent’s employment. Appellant then appealed to this court against the ruling. Respondent opposed the appeal. More
