On 27 January 2025 at Harare, Designated Agent CT Dururu issued a determination which ordered appellant to pay respondent an amount of US$8,143.47 in respect of notice pay, leave pay and damages for loss of employment. Appellant then appealed to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
On 22 January 2025 Applicant applied to this Court for condonation of a belated appeal.
The application is provided for by Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application..
Applicant’s founding affidavit stated that; More
At the onset of oral argument in this Court, the both parties raised points in limine. Appellant’s points mainly attack the validity of the Response filed on behalf of respondent whilst respondent’s points attack the validity of the appeal. The Court is sitting as a result of the appeal filed by appellant. If the appeal is invalid as argued by respondent then all the other points fall away. This is because the Court’s jurisdiction is triggered by the filing of a valid appeal. As a result the Court will consider respondent’s points first. More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
This is a combined application for review in terms of Section 92EE as read with Rule 20 of the Labour Court Rules, 2017 of the internal disciplinary proceedings held against the Applicant and an appeal in terms of Section 92D as read with Section 92E of the Labour Act [Chapter 28:01] read together with Rule 19 of the Labour Court Rules, 2017.against the determination handed down on the 9th of August 2024. More
This is a combined application for review in terms of Section 92EE as read with Rule 20 of the Labour Court Rules, 2017 of the internal disciplinary proceedings held against the Applicant and an appeal in terms of Section 92D as read with Section 92E of the Labour Act [Chapter 28:01] read together with Rule 19 of the Labour Court Rules, 2017.against the determination handed down on the 9th of August 2024. More
