The parties are embroiled in a labour dispute. The respondent is the appellant’s employee.
The undisputed facts are that the respondent was a Salaries and Administration manager Grade C5. In 2009 the respondent was verbally requested to take additional duties and responsibilities of the Human Resource Manager who had left employment. The respondent was paid an acting allowance in accordance with the Company’s Policy.
A dispute ensued in that, the respondent thereafter worked in that capacity for more than six months. The respondent’s claim was that he was supposed to have been appointed a substantive Human Resource Manager in terms... More
The brief facts of the matter are that National Employment Council Arbitrator M Mpango (arbitrator) issued an award on 21 January 2011, in which the parties were cited as;
“AGRIFOODS (PVT) LTD EMPLOYEES-Claimants
And
AGRIFOODS(PVT) LTD MANAGEMENT-Respondents”
On 18 December 2014, the arbitrator amended his initial award, by changing the citation of the respondent to AGRIFOODS (PVT) LTD. He removed reference to AGRIFOODS “MANAGEMENT”. This amendment was upon an application brought by the claimants, which application was opposed by the respondent. The resultant award, titled “PATENT AMENDMENT OF ARBITRAL AWARD”, is the subject of this appeal. More
This is an appeal against an arbitral award granted in respondent’s favour on 22 September 2015. Appellant was employed by respondent as a General Manager on fixed terms stretching from December 2007 to November 2014. The last contract was not renewed. Appellant claims that he had a legitimate expectation that the last contract would be renewed upon expiry. He approached the Ministry of Labour but the issue was not resolved. It was subsequently referred to arbitration. The arbitrator ruled that each specific contract terminated upon its expiry and appellant was entitled only to any outstanding terminal benefits calculated on the... More
The ghost of the Supreme Court judgment in Don Nyamande& Another vs Zuva Petroleum (Pvt) Ltd S 43/15 and the subsequent promulgation of the Labour Amendment No. 5 of 2015 continue to haunt many a Labour Court Judge. The Supreme Court judgment confirmed an employer’s right to terminate an employee’s employment contract on notice. The Labour Amendment Act sought to address the situation by providing for payment of certain terminal benefits in the amended section 12C. Employers have argued that the Act, in providing for retrospectivity, is ultra vires the Constitution and to this end applications have been made for... More
