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At the hearing of this matter I upheld the appeal with costs. The following are the reasons for that decision:
1. The sole issue before this court is whether or not the National Employment Council for the Welfare and Educational institutions Appeals Committee (“NECWEl Appeals Committee’) was correct to interfere with the penalty of dismissal imposed on the respondent by the Disciplinary Committee.
2. It is trite that an appeal court will not interfere with the exercise of discretion unless such exercise has been afflicted by a serious misdirection.
3. It has not been proved in this case that the... More
This is an application for leave to appeal to the Supreme Court against a judgment handed down on 24 October 2014.
The respondent was employed as a general hand by the applicant. He was charged of actual or attempted theft, embezzlement, fraud or bribery in terms of the code of conduct for the Welfare & Educational Institutions. He was found guilty and dismissed by a disciplinary committee. An internal appeal confirmed this.
I found that the respondent had been wrongly found guilty. I consequently ordered reinstatement without loss of salary and benefit from the date of unlawful dismissal with the... More
This is an application for the review of a retrenchment package approved by the 1st respondent in favour of the 2nd to the 52nd respondents.
The 2nd – 52nd respondents (retrenchees) were retrenched by the applicant in August 2015. Their retrenchment was approved by the second respondent, the Minister of Public Service, Labour and Social Welfare (the Minister) on 24 August 2015.
The terms and conditions of the approved retrenchment are as follows:
Terms and conditions of the Retrenchment
Service pay 1 month salary/year served
Severance pay 2 months salary
Relocation allowance 1 month salary
Period of payment requested by... More
This is an appeal against the decision of the Disciplinary Authority dated 9 October 2015. Appellant was employed as a Deputy Head Master stationed at Bromely Primary School, Goromonzi District in Mashonaland East. He was charged of misconduct on 14 December 2014 in terms of Section 44 (2) of SI 1/2000. More
On 15th July 2014 Arbitrator P. Chinguruve made an arbitration award. He ordered Appellant to pay Respondent a total sum of US $4 050.00 in respect of outstanding wages and leave pay. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The dispute relates to the periodbetween 1 March 2009 to October 2011. That is the period soon after the introduction of the multiple currencies regime by the Zimbabwean monetary authorities. Appellant admits owing Respondent unpaid wages during that period. But they denied that it was in the amount claimed by Respondent. The variance arises from... More
The appellant in this case was employed by the Great Zimbabwe University as Sports Officer. He was employed on a fixed term basis and assumed duty on 7 January 2013. More
At the hearing of this matter respondent raised a point in limine which is the subject of this judgment.
This is an appeal against the decision of the respondent’s Appeals Committee to uphold the dismissal penalty meted on appellant by the Disciplinary Committee. Appellant was a Boilermaker with the Respondent. He was charged with negligence or responsibility for a wrongful act or omission that causes accidents, injury or death at work. He was accused of failing to make an assessment of the specific risks that could befall him and his assistant when they were using a crane to lift a... More
