This is an appeal against the decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from employment. The appellant was dismissed from employment following his conviction on misconduct allegations by the respondent’s Disciplinary Committee.
The appellant was employed by the respondent as a Stores Issuer. In March 2014, he was charged with misconduct, the charge being theft, in terms PART B (4) (d) of the Collective Bargaining Agreement: Mining Industry (Code of Conduct) Statutory Instrument 165 of 1992. It was alleged that he stole 15 litres of petrol by making a deliberateover allocation to the Mine’s... More
On 5 June 2015 Arbitrator T Chamisa issued an arbitration award. He ordered respondent to pay appellant a total sum of +US$11 000.00 in respect of back-pay, cash in lieu of leave and damages for loss of employment. Appellant then appealed to this court against the award. Respondent opposed the appeal.
The major bone of contention was the rate (monthly salary) used by the arbitrator to calculate the damages. Appellant stated that his back-pay should be reckoned in two phases. The 1st covers the period January 2013 to May 2014. He stated that in addition to his regular wage he... More
This is an appeal from a decision of a labour officer.
At the hearing of the matter before me, a point in imine was taken by the respondent who argued that the matter was never improperly before the arbitrator.
Reliance for this proposition was placed on the provisions of 101 (5) of the Act which provides as follows;
“notwithstanding this part, but subject to subsection (6), no labour officer shall intervene in any dispute or matter which is or is liable to be the subject of proceedings under an employment code, nor shall he intervene in any such proceedings.” More
This matter was set down as an application for interim relief that is to have the arbitral award made in favour of the respondentemployees suspended pending the appeal noted by the applicantemployer. Judgment was reserved on the understanding that before the reserved date parties would file with the court further submissions on issues they felt needed further clarification. When such was not forthcoming the court proceeded as prayed for by the parties that judgment could be arrived at based on the papers filed of record.
The main contention in this matter is that the employer is of the view that... More
The plaintiff, General Leasing (Private) Limited issued summons for the sum of US$ 30 696.00 being an amount due by the defendant, Allied Timbers Zimbabwe (Private) Limited for what it described as being services rendered in the form of lease of PABX Systems and telephones from 31 December 2008 to March 2013. These services were said to have been provided at two sites, namely Chinhokwe site and Stapleford site in Mutare.
It was averred that despite demand the defendant had refused to pay. The defendant raised the special plea of prescription as well as that of lack of cause of... More
The applicant applied for condonation of late filing of application for the review of two arbitration awards. The respondent opposed the application. I will deal with the matter under the subtitles “Delay” and “Prospects.”
Delay
The first award is dated 5th November 2013.
The second award is dated 22nd October 2014.
This application is dated 2nd December 2015.
Thus in respect of the first award the delay is two years. Whilst for the second award it is one year. I consider such delays as inordinate. A reasonable explanation is required for such delay. The explanation given was that the parties... More
