The appellant worked for the respondent as an I T Support Officer at Head Office in Harare. He was charged with misconduct (gross incompetence or inefficiency in the performance of work). He was found guilty and then dismissed from employment. He appealed against his dismissal to the respondent’s appeals machinery. On 27 January 2014 the Final Appeals Committee dismissed his appeal. He then appealed to this court. The respondent opposed the appeal. More
This is an application for the rescission of a default judgment made in the employer’s favour against the applicant employee. Facts of the matter are that on 7 October 2015 the Labour Court allowed in default the appeal filed the employer because the employee had not attended the hearing on that day despite service. Aggrieved by the default order the employee made the application which is the subject of this judgment.
Basis of the application is that the set down notice did not get to the employee representative’s attention. He therefore argues that he has always been keen to defend... More
This is an appeal against the determination of the respondent’s General Manager which confirmed the finding of gross negligence and a penalty of dismissal against the appellant.
The appellant was employed by the respondent as a driver for twenty-five years. On the day in question he was assigned the task of towing a 10 000 litre bowser containing water using a tractor. In the process the tractor broke into two. The appellant was subsequently charged of gross negligence in the execution of his duties in terms of Paragraph 8 of Group D (Serious Offences) of the respondent’s Code of Conduct.... More
On 5 July 2016, upon considering the record of proceedings, heads of argument and hearing oral submissions we upheld the appeal and made the following order:
“It is ordered that:
1. The appeal be and is hereby upheld.
2. The decision of the court a quo is set aside and substituted as follows:
(i) the respondent and all those claiming occupation through the respondent be and are hereby ordered to vacate from No. TT 2455 Madamombe Business Center Seke, Goromonzi within (21) days of the granting of this order.
(ii) the respondent shall pay the appellant’s costs.” More
This is an appeal against an arbitral award which award upheld the respondents’ entitlement to a bonus which had been unilaterally withdrawn by the employer (appellant).
The respondents were employees of the appellant. Prior to February 2009 it remunerated its employees in Zimbabwean dollars. This was prior to the country dollarizing. The appellant paid its grade 11 up to grade 14 employees who went on annual leave, a leave bonus, housing, transport and meals’ allowances. These were paid over and above their salaries to cushion them from the vagaries of inflation. The respondents are grade 11 plus employees.
When the... More
This Court allowed respondent’s appeal against the decision of the arbitrator. Applicant is dissatisfied with that decision and intends to approach the Supreme Court on appeal. This application is in terms of section 92F (1) of the Labour Court Act (Chapter 28:01). More
