This is an application for quantification of back pay and damages in lieu of reinstatement. On 17 June 2015 this court allowed an appeal by the applicant in default of the respondent’s appearance. The court ordered the respondent to reinstate the applicant to her original position without loss of salary and benefits with effect from the date of unlawful dismissal. In the event that reinstatement was no longer tenable the respondent was to pay damages in lieu of reinstatement the quantum of which was to be agreed upon by the parties failing which either party could approach the court for... More
Thematter was heard before me as an application for condonation of late noting of an appeal against an arbitral award by the Honourable Madziya dated 18th of May 2015.
The material background facts to the matter are as follows;
The Respondent was employed by the Applicant as a credit controller in 2005. In 2006 he was promoted to the position of Sales and Maintenance Officer which was a managerial position. He was earning a net salary of US$ 600.00 and allowances. The Respondent referred a claim for arrear salaries, backpays from 2012 and benefits. The matter was eventually referred to... More
MUZOFA, J:
The two appellants were employed on fixed term contract in different capacities by the respondent. Upon termination of their contracts a dispute arose in the computation of their terminal benefits.
The appellants referred the dispute to a labour officer and subsequently the matter went before an arbitrator. The arbitrator after considering the evidence before him, the first respondent was awarded a total sum of $718.45 and second respondent $790.93.
Both have appealed.
The grounds of appeal impugn the arbitrator’s findings in respect of cash in lieu of leave and overtime payment. More
This is an application for consolidation of LC/H/923/15 and LC/H/875/14 the 2 being appeals made against the respondent employer where in one case the employee was dismissed from work and the other was given a final warning following allegations of breaching the employment Code of Conduct.
The argument advanced for consolidation is that the witnesses who were used on the matters were the same and that the same set of facts is what birthed the allegation faced by the employees.
Consolidation is opposed on the basis that it serves no meaningful purpose since at the shop floor level the matters... More
This is an application for leave to appeal to the Supreme Court against the decision of this court that was handed down on 18 December 2015. In its judgment this court upheld the points in limine that had been raised by the respondent and dismissed the appeal. More
