The respondent opposed the application and raised some points in limine. Firstly, it was submitted that the application is invalid since the form used does not exist. The applicant argues that since the application was to be served on interested parties Form 23 should have been used as required by r 60 (1) of the High Court Rules 2021. More
The applicant was employed by the respondent as an operations manager. Sometime in April 2021, the applicant was arraigned before a disciplinary committee over allegations of misconduct particularly that he had contravened Section 4 of the National Employment Code of Conduct which is; for any act, conduct or omission inconsistent with the fulfillment of the express or implied conditions of the employee’s contract of employment after having demanded books of accounts from one Mellisa Chikara and Sharon Jackson. The applicant was found guilty and subsequently dismissed from employment in May 2021. The applicant then appealed to the Labour Court and... More
This is an appeal against a decision made by a Designated Agent(DA).
The following are the grounds of appeal:
1. The arbitrator erred at law in convicting the appellant for fraud when circumstances showed that there was no intention to defraud respondent.
2. The arbitrator erred at law in imposing the maximum penalty of dismissal at first conviction without giving any reasons. The decision was arbitrary and ought to be set aside.
3. The arbitrator did not put into consideration the confirmation letter of employment flouting
the labor practice law on appellant’s part as evidence of an employee of Agri-Fresh... More
The Applicant is a former employee of the Respondent. He was employed as a Senior Auditor for the period of June 2008 to October 2018. The Respondent is a Public Office created in terms of the Audit Office Act, [Cap 22:18] and Section 309 of the Constitution.
It is charged with the primary oversight/assurance role by ensuring accountability within the three arms of government. The application placed before the court has been styled as an application for an order compelling the Respondent to comply with S 51(1) Public Service Regulations 1 of 2000. The Applicant has not outlined under which... More
The delay in hand down of the judgement is sincerely regretted. This is an application for quantification of back pay/salary arrears and benefits. The application was filed pursuant to a judgment of the Supreme Court handed down on 24th November. The Supreme Court, through the judgment, allowed with costs the appeal against Applicant’s dismissal. As a result the court set aside and substituted this court’s judgment as well as the hearing officer’s determination of guilty on the charge as levelled. The Applicant was to be reinstated to his original position without loss of salary and benefits from the date of... More
This is an appeal against the respondent’s dismissal of the appellant from its employ.
At the commencement of the hearing a point in limine was raised on behalf of the appellant. The point was that there was no company resolution authorizing one Takunda Timbe to depose to the opposing affidavit filed on behalf of the respondent. The respondent too had preliminary issues for consideration by the Court. These had to do with propriety of the grounds of appeal and the appellant’s prayer. These will be considered after the one raised on behalf of the appellant has been considered. More
This is an application by the applicants seeking condonation of late noting of an application for recession of court order number LC/H/ORD/98/15.
The applicants in their draft order however seek not only the setting aside of LC/H/ORD/98/15 but also the setting aside of a judgment in case number LC/H/28/2017 and awards by arbitrators who had also dealt with the matter before it was placed before the Labour Court. More
