Respondent was employed by the appellant bank as a bank teller. She was charged for failure to comply with standing instructions or follow established procedures resulting in a substantial loss to the Bank. This was a violation of Category D (17) of the applicable Code.Disciplinary proceedings were conducted against her and she was dismissed. The facts of the case arethat the respondent approved a transaction, and in terms of the standing instructions she referred the client to the next appropriate bank employee. Thereafter the client or the application was referred to her superiors. The superior approved a withdrawal of forty... More
This is an application for leave to appeal to the Supreme Court against the decision of this court that was handed down on 20 February 2015. This court in its judgment dismissed the appeal and upheld the arbitral award by honourable arbitrator Nhimba. More
This is an application for the confirmation of a ruling by a labour officer in terms of section 93 (5) of the Labour Act as amended. The facts giving rise to this application are that the 2nd respondent (“the employee”) approached a labour officer after conciliation had failed in a matter where she claimed that the first respondent (the employer) had terminated her employment irregularly on notice. After hearing both parties on the matter the applicant (labour officer) ruled that indeed the employee’s employment had been terminated irregularly. In the result she ordered that the employee be reinstated to her... More
At the hearing of this matter I dismissed the appeal and indicated that reasons would follow. These are they;
This is an appeal against a decision of the Disciplinary Committee dismissing appellant. Appellant was employed by Metallon Gold Zimbabwe (Pvt) Limited which operates Shamva Mine. He was charged of theft, gross incompetency and gross negligence in terms of the Code of Conduct. Appellant, who was employed as a Senior Gang Leader was working in a shift in the Smelting Room in May 2015. He left his subordinates to work without supervision and gold slime was stolen. More
This is an appeal against an arbitral award per the Honourable D. Munemo dated 23rd September, 2015. The Appellant seeks to have the award set aside in its entirety. The appeal is opposed. More
This matter is an application for reinstatement of an appeal which was struck off the roll by Honourable Justice Makamure on 26 January 2015. The reasons for the order were delivered on 6 February 2015. The reasons given for the striking off were that there was no proper defendant cited, as the applicant had cited the Ministry of Agriculture which is not a legal persona at law. It was also observed that the applicant had raised grounds dealing with procedural irregularities which therefore qualified as grounds for review and not appeal. More
This is an appeal against a decision of an arbitrator declining jurisdiction in a matter before him on the basis that the issue brought before him was subject to proceedings before this court.
The appellant was employed by the respondent as a Regional Manager. Following allegations of misconduct the appellant was called for a disciplinary hearing. The appellant refused to attend the hearing on the basis that his representative, one Mr Chingoka, was not available. The hearing proceeded and he was found guilty and was dismissed in absentia. An internal appeal was not successful. The appellant subsequently referred the matter... More
