This is an appeal against an arbitral award which was handed down in default of the appellant.
The arbitrator observed in his award that the respondent did not attend the hearing in spite of having been duly notified to do so and that no reasons for non attendance were communicated.
The respondent, who had been employed by the appellant as a general hand, had been dismissed on 21 May 2013 on allegations of using abusive language and absenteeism. Upon appeal to the Local Joint Committee, the respondent had been reinstated without loss of salary and benefits. Aggrieved, the appellant lodged... More
The appellant in this matter was employed by the respondent.
She was charged in terms of the National Code of Conduct SI 15/2006 under section 4 (a) thereof. The charge was
“any act or conduct or any omission inconsistent with the fulfillment of the express and implied conditions of her contract.”
The factual allegations which led to the dispute between the parties is briefly that on or about 31 October 2015, the appellant brought some meat and other food stuffs into the work premises. She proceeded to store the same in a refrigerator at the work place. More
On 13th December 2012 at Harare, Arbitrator D. Mudzengiissued an arbitration award. In terms thereof he dismissed Appellants’ complaint against Respondent for failure to pay them for overtime worked. Appellants then appealed to this Court against the award. Respondent opposed the appeal.
Working hours and payment therefor in the sector Respondent operates in are governed by a CBA called Collective Bargaining Agreement: Commercial Sectors S.I. 45/93. It is common cause that Appellants worked more hours than the stipulated hours. However Respondent argued that it compensated for the overtime by giving Appellants 9 days-off every month. This was per minutes of... More
The background of the matter is that the appellant is employed by the respondent as a relationship manager.
On 15 April 2008, the applicant was appointed as a manager and since his appointment in 2008, he had use of a Nissan/J85/D/CAB. He was allowed to purchase the vehicle in 2010 and in 2011 he was given a second motor vehicle, a Nissan NP300 which he continues to use to this date.
In November 2015, some 4 years later, the respondent wrote to him, the contents of which letter aggrieved the appellant who raised a grievance with the respondent. The complaint... More
This is an appeal against the determination of the Designated Agent for the National Employment Council for Food and Allied Industries (NEC), handed down on 30 November 2020. The Designated Agent ruled that he had no jurisdiction to preside over the dispute between the appellants and the respondent, which concerned allegedly unprocedural retrenchment proceedings. More
