This is an appeal at the instance of the appellant employee against his dismissal by the respondent employer. The background to the matter is that appellant who was in the respondent’s employ as an accountant was charged with misconduct for failing to conduct his accounting duties diligently in contravention of Section 44 (2) as read with paragraphs 2,3,8 and 24 of the First Schedule (Section 2) of the Public Service Regulations SI 1 of 2000 as amended. In particular it was alleged that he had failed to report to the authorities the absence of one Mukozho an accounting assistant who... More
On 28 January 2011 applicant through its current Legal Practitioners filed an appeal in this Court against an arbitral award. On 20 June 2012 the appeal was set down for hearing but was postponed by consent of both parties to enable filing of Heads of argument by both parties.
On 17 February 2014 the appeal was reset for hearing. Applicant being in default of appearance, a default judgment was issued against it.
On 14 July 2015 applicant filed this application for rescission of the default order. The application is vehemently opposed by respondent. More
This is an application for the quantification of arrear salaries and benefits following a judgment by this court in favour of the applicants. The applicants are employees of the respondent. They were appointed to acting capacities for periods beyond the six months stipulated in the Collective Bargaining Agreement S I 53 of 1992. Section 17 (2) of SI 55/92 provides:
“(2) On completion of six consecutive months’ acting appointment, an employee shall be confirmed in that appointment.” More
This is an application for review of a decision made by the respondent.
The applicant is employed by the Civil Service Commission (previously Public Service Commission) as a Principal Lecturer III. She is based at Harare Polytechnic. She was appointed to that grade on 22 October 1992.
On 22 May 2006 she was appointed to the position of 2nd vice Principal by the then Principal of the Polytechnic, a Mr Raza. This was through a memorandum which was circulated to all Heads of Department of the institution. It reads (p 27 of the record). More
This is an appeal against an arbitral award handed down by the Honourable T.S. Sengure on the 30th of June, 2015.
The material background facts are as follows;
The respondent was employed by the appellant on the basis of a fixed term contract for two years. When the contract of employment terminated upon effluxion of time the respondent referred a claim of an unfair labour practice to the National Employment Council for the Energy Sector. More
This is an appeal against an arbitral award granted on 19 December 2014, in terms of which the appellant was ordered to pay the respondent an acting allowance in the total amount of US$3 647-78.
The factual background to the matter is common cause. The respondent is employed by the appellant as a clerk/typist. That is his substantive post. He worked as a Committee Clerk, in an acting capacity, from October 2010 to June 2012. He was further assigned to act as Private Secretary to the Director of Finance, from July 2012 to July 2014.
For the extra responsibilities, he... More
This is an appeal against the award granted by honourable arbitrator Y Malama on 17 September 2014. The award is couched as follows
“Having made the above observation, I award that the employees were unfairly dismissed and should be reinstated to their original positions without loss of salary and benefits from date of dismissal and that if reinstatement is no longer an option the employees be paid damages in lieu of reinstatement, the quantum of which parties may agree and that failure to agree either party may refer the matter back to the arbitrator for quantification of such damages.”
The... More
