This is an application for review by Madziva (Applicant). The document that gave rise to this application is a response (THE RESPONSE) dated 13th February, 2014 by the Respondent’s human Resources Officer to Applicant’s legal practitioner’s notice of appeal dated 11th February, 2014 and addressed to Applicant’s legal practitioners. More
At the hearing of an application for review I reserved my ruling on points in limine raised by the respondent. This is it.
The agreed facts are that the applicant was employed by the respondent as a staff bus driver on a three months fixed term contract with effect from 15 January 2014. The last such contract signed by the parties was from 1 July 2014 to 31 September 2014. No contract was signed on 1 October until 9 December when the respondent approached the applicant to sign a new contract. More
On the 4th September, 2015 an arbitral award was issued against Applicant in which it was ordered to remit to Respondent an amount of $7 335.32 as union dues.
Applicant filed an appeal against this award. It has filed this application for interim relief seeking in the interim that the arbitral award be stayed pending finalisation of its appeal and as a final order, that the award be stayed permanently.
In agreement with the Respondent’s submission, I find that the final order being sought is incompetent and therefore cannot be granted, as it has the effect allowing the appeal before... More
This is an appeal against an arbitral award.
The respondent is a registered trade union in terms of the Labour Act [Chapter 28:01]. It represents employees in the rural district councils of Zimbabwe. The appellant is a rural district council incorporated in terms of the Rural District Council Act [Chapter 29:13].
The claim brought by the respondent before the arbitrator was for union dues arrears for the period July 2014 to April 2015 together with 15% interest on all dues paid after the 5th day of the ensuing month.
The arbitrator found for the respondent and ordered that the appellant... More
Appellant’s attorney summarised the grounds of appeal in triplicate thus;
1. The Health Services Board (HSB) erred in failing to find that the charges against appellant were not proven.
2. HSB erred by imposing a penalty not provided for by the Health Service Regulations. (The attorney did not bother to cite the Regulations ‘ reference numbers).
3. HSB erred in failing to find that the dismissal was unreasonable and irrational. More
This is an application for condonation for late filing of an application for review of an arbitration award against the applicant.
The award being sought to be brought on review to the Labour Court was entered on 13 January 2016.
The award being sought to be brought on review was granted in default by the arbitrator. The applicant has not sought to apply to the arbitrator to have it rescinded on showing good cause for its default.
It has sought to bring the matter on review before the Labour Court but they are out of time, hence this application for... More
At the hearing of this matter respondent raised a point in limine which is the subject of this judgment.
Appellant noted an appeal on 9 October 2015. The notice of appeal has twenty-four pages. The grounds of appeal are in pages 19 to 24, numbering 9 with each having four or more subsections. In summary, Appellant is aggrieved by
1) failure by the Arbitrator to comply with the Supreme Court Civil Appeal NO SC 129/11 of 28 March 2014;
2) failure by the Arbitrator to comply with the Labour Court Judgment NO. LC/H/541/14 of 15 August 2014 as amended on... More
