Court Judgements
This is an appeal against an order by an arbitrator. The arbitrator ordered that the respondent be reinstated without loss of salary and benefits.
The background to the case is largely common cause. The respondent was employed as a revenue specialist by the appellant. Following alleged misconduct, the respondent together with three other employees were suspended from employment pending investigations. He together with the other employee’s were subsequently charged in terms of the appellant’s Code of Conduct. It was alleged that the employees including the respondent valued motor vehicles without authority and that he used an incorrect procedure in valuing... More
Before me is an application for condonation of late noting of an appeal.
On 3 June 2013 the respondents obtained an arbitral award in their favour. The applicant lodged an appeal against that award on 10 June 2013 in case number LC/H.412/13. That appeal was struck off the roll on the basis that the applicant had irregularly cited respondents as Chenayi Nyaguse and “12 Ors”. Consequently the appeal was defective. That judgment was handed down on 14 March 2014. More
This matter was set down as an application for condonation of late noting of an appeal. Before me are two points in limine that were raised.
Respondents obtained an arbitral award in their favour whose operative part reads as follows;
“1. The charges against the claimants (respondents in casu) are calculated to victimize the claimants. They are illegal and must be stayed.
2. The respondents (applicant in casu) is committing unfair labour practice.
3. Each party to pay its own costs as per agreed quantum.” More
This is an appeal against the determination of a labour officer issued on 24 December 2020, in terms of which he found the respondent not guilty of misconduct charges that had been preferred against him by the appellant. More
Mr. Mafongoya submitted that the appropriate penalty in the matter was not dismissal. He referred to section 65 of the Constitution of Zimbabwe which provides for citizens being accorded the right to fair labour practices. He also referred to the ZIMRA Code of Conduct particularly Clauses 6.2, 6.3, 6.4 with the latter providing that training and education should be the paramount features of any punishment and any punitive penalty should be adopted as a last resort. He referred to case law which provides that an employer has the discretion to mete a penalty of dismissal where the misconduct in question... More
This is an appeal against the decision of a labour officer acquitting respondent from wrongdoing. The appellant employer was aggrieved by that decision. It appealed to this Court. More
The Appellant is a statutory corporation whose principal function is to act as an agent of the State in assessing, collecting and enforcing the payment of all revenues. At the relevant time, respondent was employed as a Revenue Trainee by appellant from May 2011 until April 2012 when he was dismissed pursuant to a disciplinary hearing conducted on the 13th of April 2012. More
