Appellant worked for Respondent as a Claims Assessor based in Harare. She was charged with misconduct. A hearing was held. By letter dated 11th May 2016 Respondent convicted her and then terminated her employment. She appealed against the outcome. On 27th May 2016 Respondent’s Appeals Authority dismissed the appeal. She then appealed to this Court against the Authority’s decision. More
Appellant was charged with and found guilty of conduct inconsistent with the fulfilment of the express or implied conditions of service. The facts that gave rise to this charge were that, Appellant failed to supervise his subordinates resulting in two of his subordinates defrauding the Respondent. He failed to supervise the updating of the Fund’s cash books and reconciliation of all bank statements on a monthly basis. He also failed to ensure compliance with set control procedures. More
On 13th October 2015 at Harare, Arbitrator T.C. Sengwe issued an arbitration award. He ordered Appellant to reinstate Respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Courtagainst the award. Respondent opposed the appeal. The grounds of appeal were three-fold as follows,
“1. The Honourable Arbitrator grossly erred and misdirected (sic) on a point of law by failing to make a finding that Respondent was grossly incompetent as charged in terms of the National Employment Code of Conduct S.I. – 15/06.
2. The Honourable Arbitrator grossly erred and misdirected at law by relying on an... More
This is an appeal against the decision of the arbitrator who found in favour of the respondent after a hearing before that tribunal. Most of the facts in this matter are common cause. Appellant’s grounds of appeal are as follows:
1. The arbitrator a quo grossly erred and misdirected himself at law in making a finding that respondent had been unfairly dismissed based on procedural irregularities whichdid not vitiate the proceedings and without alleging that respondent suffered any prejudice.
2. The arbitrator grossly erred at law by failing to remit the matter for a hearing de novo had the hearing... More
This is an appeal against the decision of the arbitrator where he ruled that the respondent employee had been unlawfully dismissed and ordered that she be reinstated with full benefits or that she be paid damages in place of reinstatement.
Facts of the matter are that the respondent who was in the appellant’s employ as a finance director had her services terminated on notice by the appellant following prior discussion about her incompetency or failure to live up to expectations of her post among other things.
She was riled by the dismissal as she felt that it was done improperly... More
This is an appeal against the decision of an Arbitrator sitting at Harare. The grounds of appeal are as follows:
1. “The Honourable Arbitrator erred and grossly misdirected himself when he ruled that the application by Claimant was out of time as if conducting of the hearing was supposed to be initiated by Claimant. The onus to discipline is upon the employer (Respondent) hence he is the one who failed to constitute a disciple nay (disciplinary) committee on time in terms of the provisions of the ZIMRA Code of Conduct.
2. The Honourable Arbitrator grossly misdirected himself at law in... More
This matter is brought by way of referral in terms of s 24 (2) of the former Constitution of Zimbabwe (“the former Constitution) which provides as follows:
“24 Enforcement of protective provisions
(1)…
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous... More
