The appellant was employed as a truck driver from 2008 until 2 October 2013 when he was dismissed. He then noted an appeal to this court.
The matter began with a letter that was handed to the respondent’s human resources department. The court was not favoured with a copy of the letter. The letter was purported to have been authored by some drivers. They set out certain grievances relating to starting times and finishing time. The appellant was one of the signatories. The appellant was a member of the worker’s committee.
After management received the letter the appellant was charged... More
The appellants worked for the respondent in Harare on fixed term contracts. The 1st appellant’s contract terminated presumably by effluxion of time. The 2nd appellant was terminated on grounds of misconduct. Both appellants then claimed they are entitled to cash in lieu of leave days not taken. The matter went for conciliation. The parties failed to settle whereupon the matter was referred to arbitration. On 25 August 2014 Arbitrator R E Nhiwatiwa issued an arbitration award. He dismissed the appellants’ claims “for lack of merit.” Thereafter the appellants appealed to this Court against the award. The respondent opposed the appeal. More
Appellant was charged with acts of misconduct in terms of Section 5.3 of respondent’s Code of Conduct. These were:-
4.3 (XV)
1. Disrespectful conduct
it being allegedthat on or about the 20 August 2014 he wrote and distributed electronic mail addressed to Shinhara – San, copied to PravianKara and blind copied to selected respondent’s employees, in which he made disrespectful reference to Miss Y Gatsi the Human Resources Manager.
4.3 (XVI)
2. Use of abusive or insulting language-
it being alleged that by the same electronic mail, he abused and insulted Y Gatsi by calling her “a monkey, wombless that... More
The respondent raised a point in limine that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]. Section 98 (10) provides
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
What constitutes a question of law has been authoritatively answered in numerous cases including Sable Chemical Industries (Pvt) Ltd V Easterbrook 2010 (1) ZLR 342 and Reserve Bank of Zimbabwe v Corrine Granger & Another 2001 ZLR (10 sc. In those... More
This is an appeal against an arbitral award.
The respondent was employed by the appellant as a contract manager at Unki Mine a subsidiary company of the appellant.
The respondent was entitled to various allowances including housing, education assistance and annual bonus.
Before the country migrated to the multi-currency system in 2009 the respondent received his housing allowance on a monthly basis. From January 2009 the appellant paid its employees in United States dollars and the respondent’s housing allowance was not paid from that time. More
This is an appeal from Honourable Manase’s decision. The facts show that the respondents were employed by the appellant. Respondents were offered employment which was conditional on their completing their respective probationary periods. After the probationary periods had expired it is alleged that appellant wrote to the respondents informing them that due to unsatisfactory performance during the probation period the appellant was renewing the probation period. The matter was referred to conciliation and finally to arbitration. The arbitrator found in favour of the respondents. Appellant has therefore appealed to this Court. More
