This is an appeal against an arbitral award handed down on 28 November 2014, which upheld the dismissal of the appellant from the respondent’s employment. More
Most of the facts in this matter are common cause. Respondent was in the employ of the appellant. Following allegations of misconduct, respondent was suspended by the appellant. No disciplinary hearing was held resulting in the respondent being called back to work. Respondent was re-suspended on 21 March 2011. An attempt was made to hold a disciplinary hearing but this was not concluded. The respondent took the matter to the Labour Officer and the matter was referred to arbitration. The arbitrator found the respondent guilty on the one charge and not guilty on the other. Further, the arbitrator ordered payment... More
Arbitrator J Madziya, issued an arbitration award at Harare date-stamped
25 November 2015. He ordered appellant to reinstate respondent or pay her damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondent opposed the appeal. More
The respondent was dismissed from the appellant’s employ following disciplinary proceedings. On appeal to the G & DC Appeals Committee, the respondent was successful. The G & DC altered the severity of the charge. It alsoreversed the dismissal penalty to a final written warning. This aggrieved the appellant and it appealed to the National Employment Council Appeals Board of the Banking Undertaking (NEC). The NEC declined from considering the merits of the case and dismissed the appeal noting that the appeal had been noted a day out of time. The time frames are set out in the applicable Code. More
Respondent was employed by the Appellant as a clerk for 24 years. She was stationed at the Appellant’s Borrowdale Branch. Respondent, like any other employee of Appellant was entitled to a school fees benefit. To access such benefit, Respondent had to submit acceptable documentation from the school attended by her children. More
The background, relevant to the present proceedings, is that sometime in 2008 the applicants entered into a tribute agreement with the owner of Dodge Mine (the mine) the second respondent represented by the third respondent. The tribute agreement was to run for a period of 3 years. At the time the parties entered into the agreement, there was an understanding that the then tributor Morris Tendayi Nyakudya and Vambe Mills Pvt Ltd would vacate the mine in May 2008. They resisted vacating the mine. The applicants and the respondents then instituted proceedings against them. The dispute was resolved by Patel... More
