This is an application for the review of proceedings conducted by the second respondent sitting at Gutu magistrates’ court on 22 January 2014. The application is made in terms of s 27 of the High Court Act [Chapter7:06]. The application was opposed, however at the hearing there was no appearance for the first respondent, there being a letter on record that the first respondent was to abide by the court’s ruling whilst the Civil Division did not appear on behalf of the second respondent.
The brief history of the matter is as follows: the first respondent was arraigned before a... More
This is an application for leave to appeal against the decision of this court that was made on 7 August 2015. This court upheld the arbitrator’s decision to disallow the employer from including new evidence. This court in its findings stated that
“The respondents were convicted and dismiss from employment. It would appear the appellant just wants to bolster its judgment in its favour. Is the appellant trying to prove that the dismissal was unfair or that not sufficient evidence was led to warrant the dismissal of the respondents” More
This is an appeal against a determination of the National Employment Council (“NEC”) Appeals Board for the Banking Undertaking.
The respondent is a former employee of the appellant. She was employed as a bank teller, when, on 26 March 2010, she declared a shortfall in the amount of US$1 160-00. She was charged of “gross negligence causing serious loss to the bank” which is a Category D offence, section 11 (15) of the Code of Conduct for the Banking Undertaking, SI 273 of 2000. Following a disciplinary hearing, she was found guilty and dismissed from employment. More
This is an appeal against both an arbitral award reinstating respondent to the appellant’s employ and a subsequent quantification of damages. The respondent was employed by the appellant as a security officer. More
This is an application for condonation of late filing of an application for review. At the end of the hearing the application was dismissed. Reasons were to follow. These are they. In order for the application to succeed the court considers, among other things the following factors, namely,
1) the extend of the delay;
2) the explanation for the delay; and
3) Prospects of success should the matter be heard on the merits. More
This matter has been decided by this court on the basis of the papers filed of record in terms of section 89 (2) (1) of the Labour Act. Impression created by the last dates the parties did anything about the matter is that the matter has been abandoned. More
