On 20 November 2013 I issued an order sitting in Chambers directing the Senior Labour Officer to refer the matter to arbitration within 30 days of the order. On 3 January 2014 Applicant wrote to the Registrar requesting for the reasons for that order. The following are the reasons for that order. More
The respondent was employed by the appellant as a bank teller. He was, at the material time, based at the appellant’s Masvingo Branch. The respondent and a workmate, one Happymore Muzara, had joint responsibility for the appellant’s two ATM machines, installed at the Bank and Building Society divisions. The machines were within easy walking distance of each other.
The respondent and Muzara exercised what is referred to in the record as joint custodianship of the ATM machines. Their responsibilities included loading cash into the machines, and ensuring that the transactions carried out balanced. Any deficit or surplus had to be... More
This is an appeal against the decision of the National Employment Council Appeals Board for the Banking Undertaking (Appeals Board) handed down on 14 October 2014. The Appeals Board set aside the dismissal of the respondent from employment, and ordered that she be reinstated without loss of salary and benefits. More
This is an appeal against an arbitral award.
The respondent was employed by the appellant since 2004 as a general hand/day guard until May 2014 when he resigned. On 5 January 2015, the respondent lodged a complaint of underpayment of wages, non-payment of overtime and for public holdings worked with the National Employment Council for the Transport Operating Industry. Failing settlement, the dispute was referred to arbitration. More
The Appellant was employed by the Respondent as a Cashier. She was suspended from duty on the 20th of June 2014 on allegations of misconduct. The suspension was without pay and allowances. Following investigations Appellant was summoned to appear before a Disciplinary Committee. She was charged with ‘theft’ as defined in the relevant code i.e U.M.P Zvataida Rural District Council Employment Code of Conduct. The Disciplinary Committee found her guilty and consequently imposed a dismissal penalty. Dissatisfied the Appellant appealed internally to the Respondent’s Appeal Committee. The Appeals Committee dismissed her appeal and upheld the dismissal penalty. Still aggrieved the... More
This is an unopposed Chamber Application for granting of an appeal, made in terms of Rule 19 (3)(b) of the Labour Court Rules, Statutory Instrument 59 of 2006 (“the Rules”).
Ordinarily, this is the sort of application that could be simply disposed of by way of acourt order, without the need to write a judgment. However, the factual background to this application reveals some procedural issues that, in my view, necessitate reasons for judgment.
The applicant filed his application on 17 June 2014 under Case No LC/H/APP/249/14. This was after the respondent failed to file heads of argument in the... More
