This is an appeal against an arbitral award.
The respondent, in his claim before the arbitrator wanted a determination on whether or not he was owed arrear salaries, and if so, the quantum thereof and the appropriate remedy.
The appellant denied having ever employed the respondent, whose relationship with it was said to be of an independent contractor. More
The respondents were employed on fixed term contracts which were not renewed when the contracts expired.
They claimed unfair dismissal and argued that they had satisfied the requirements set out in terms of Section 12B (3) (b) of the Labour Act [Chapter 28:01] which provides that an employee on a fixed term contract is to be regarded as unfairly terminated if the contract is not renewed upon its termination when the employee had;
1) A legitimate expectation to be re-engaged, and;
2) Another person was engaged instead of the employees. More
The procedural issues concern the decision made by the Human Resources Manager rather than the Managing Director. They also challenge the charges of misconduct on the basis that the charge was exaggerated and that the complainant was reluctant to press the charges. These complaints concern matters of procedure that is the disciplinary process. They do not deal with the merits of the decision made. Accordingly they ought to be raised by way of review rather than appeal, Section 89 (1)(d1) of the Labour Act Chapter 28:01 gives this Court powers of review in labour matters. Litigants keep overlooking this section... More
On 27 January 2016, this court granted an appeal in favour of the respondent, in default of the applicant.
The applicant is a former employee of the respondent. He was employed as an assistant accountant when in or about August 2014, he was charged of misconduct in terms of the Labour (National Employment Code of Conduct) Regulations 2006. The charges were of any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract and theft or fraud. He was found guilty by the disciplinary body and dismissed from employment. His... More
This is an application for condonation of late noting of appeal. The applicant was charged and convicted of improper association with a school girl at Rusike Secondary School. The improper association occurred in 2000. The applicant was convicted in 2006.
On 30 September 2006 the applicant noted an appeal against the determination and penalty meted on him. On 30 May 2007 the Provincial Education Director Mashonaland East wrote to the applicant indicating that the Commission has no jurisdiction to consider appeals. On 25 July 2014 the applicant applied for re-appointment into the Ministry. His application was turned down. On 10... More
This is an appeal against the arbitral award by Honourable G Kwaramba that was handed down on 12 December 2014. The award is couched as follows
“Wherefore after going through submissions filed of record by parties, the claimant’s case is do and hereby considered regarding overtime. The respondent is ordered to negotiate overtime within 7 days with the claimants, failure of which either party to approach this tribunal for quantification.”
The brief facts of the matter are that the contracts of termination of employment filed of record indicate that the respondents were employed as security guards by CCC. More
This is an application for the confirmation of a ruling by the applicant in terms of Section 93 (5a) of the Labour Act [Chapter 28:01] as amended. The application was set down for hearing on 27 October 2016 at 0900 hours. On the day of the hearing only Counsel for Applicant and 2nd Respondent turned up. Having perused the application, I decided to dispose of the matter on the record as some procedural issues arise. More
