This is an appeal against the decision of the respondent’s Appeals Committee to uphold the decision of the disciplinary authority dismissing appellant from employment.
Appellant was employed by respondent. He was charged and convicted of disorderly or objectionable behaviour, that is to say, abuse of office or position. The allegations were that he deliberately abused his authority and power when he instructed his line gang crew members to illegally construct an MV Line to feed house Number 7358 Manyame Park using company resources without the permission of the Senior Customer Services Officer. Upon conviction, a penalty of dismissal was meted... More
This is an application for condonation of late filing of heads of argument. It is common cause that at the commencement of litigation between the parties applicant was represented by a trade union representative. At some stage during the litigation process, the trade union representative decided to engage the services of a legal practitioner. This firm of legal practitioners was styled Macheyo Law Chambers. It is also common cause that at a later stage, applicant’s current legal practitioners came on board and represented the applicant. During this litigation process respondent caused to be served on Macheyo Law Chambers a notice... More
This is an appeal against the decision of Honourable S. Mugumisi that was handed down on 25 June 2015. The award is couched as follows;
“In the result, it is my finding that the 1st respondent had no jurisdiction to discipline the applicant for the reasons I have already given above. It remains the 2ndrespondent’s prerogative to proceed or not to proceed to discipline the applicant through the right Code of Conduct which could be the national employment Code of conduct, if it does not have one registered in its own name. More
This matter was postponed sine die on 20 October 2015 at the appellant’s request. It has since then not been resuscitated hence the decision to dispose of it on the papers in terms of Section 89 (2) (a) (1) of the Labour Act. More
This is an appeal against an arbitral award.
The appellant was engaged by the respondent sometime in January 2014 until May 2014 in the capacity of a welder. When such engagement was terminated, the appellant lodged a complaint with the Ministry of Labour. Failing conciliation, the dispute was referred to arbitration with the following terms of reference;
a) To determine whether or not the claimant was an employee and remedy thereof.
b) To determine whether or not claimant was lawfully dismissed, if he was an employee and the remedy thereof.
c) To determine whether or not he was paid public... More
This is an urgent chamber application in which the applicant seeks an interim interdict against the first respondent and all its functionaries, that they be barred from interfering, interrupting, disturbing or hindering its activities, at Hunyani 30 Mine Hunyani Farm Mashonaland West. The final order sought is the confirmation of the interim interdict.
The founding affidavit was deposed to by a Mr John Mandere, a director and shareholder in the applicant, a company duly registered in accordance with the laws of Zimbabwe. The first respondent is a body corporate in terms of s 3 of the Chinhoyi University of Technology... More