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On 17 August 2015 at Harare, Arbitrator J Ndomene issued an arbitration award. He dismissed appellant’s application for rescission of an earlier award. Appellant then appealed to this court against the award. Respondent opposed the appeal. More
This is an appeal against an arbitral award wherein the Learned Arbitrator ordered the appellant to reinstate the respondent with no loss of salary with an alternative order for damages should reinstatementbe no longer possible.
The facts of this matter are as follows:
The appellant company’s managerial employees formed a union called the Managerial Credit Union (MCU). The respondent was chairman of that union. It had its own constitution which governed its operations. The appellant was MCU’s guarantor with their bankers, CBZ Bank. Its (the appellant’s) Chief Executive Officer (CEO) was the patron of MCU. The respondent abused the union’s... More
The applicant seeks an order for stay of execution of the arbitral award of Honourable Dzviti issued on 17 December 2015. This is in terms of section 92 E (3) of the Labour Act [Chapter 28:01]. The application has been made pending the determination of the appeal filed with this Court under Case No. LC/H/15/2016. More
On 27th August 2015 at Harare, the appellant’s Disciplinary Committee acquitted respondent of misconduct after a disciplinary hearing. The appellant then appealed to this court against the verdict. The respondent opposed the appeal. The appellant’s case was that the committee grossly erred in assessing the evidence and thus came to a wrong conclusion/verdict. More
This matter was set down on appeal at the instance of the appellant in a decision which was made in favour of the respondent employee. On the hearing date the respondent argued that the appeal was bad at law as it did not set out points of law as envisaged by section 98 (1c) of the Labour Act. It is only that preliminary point which is addressed by this judgment. More
This is an application for leave to appeal against the decision of this court to dismiss the applicant’s appeal against the decision of Honourable Arbitrator Professor Madhuku’s award that was handed down on 14 August 2014.
The applicant has submitted to this court that it has prospects of success on appeal in that:
(i) This court erred at law when it made the finding that the appellant’s Disciplinary Authority was not properly constituted.
(ii) The court erred at law when it failed to distinguish a “disciplinary authority” from a disciplinary committee thereby wrongly ruling that the appellant’s Disciplinary Authority was... More
The appeal was noted against the Arbitral Award by the Honourable Matanhire F. handed down on the 16th of March 2015.
The respondent was employed by the appellant as a Laboratory Technician. He appeared before a disciplinary authority on the 21st of December 2013 to face a charge of FRAUD the allegations being that the respondent did not log in his time of arrival a process which was normally undertaken at the appellant’s main gate. The respondent was alleged to have temporarily left his work station and deliberately avoided using the main gate so that his absence would go unnoticed.... More
