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Respondents were employed by the appellant in various capacities. Following an audit at appellant’s work place, it was discovered that a lot of property was missing. This led to the arrest of the three respondents and several other employees at the appellant’s work place. Disciplinary proceedings were brought against the three respondents and they were found guilty and a recommendation for their dismissal was made. Respondents appealed to the Appeals Officer who confirmed the decision of the Disciplinary Committee. The respondents took the matter to the labour officer and the matter was referred to arbitration. The arbitrator found in favour... More
This matter has been outstanding for a long time.One of the reasons for delay in finilazing it was interlocutory matters. In order to bring finality, thisCourt (Muzofa J) on14 May 2013 made the following order:
“1. The appeal be and is hereby upheld.
2. The matter be and is hereby referred to the Provincial Labour Officer for him/her within ten days of this order to appoint a different arbitrator to hear the matter on the merits.”
The above order meant to obviate any further interlocutory applications either before the arbitrator or before the court. More
At the commencement of oral argument the respondent made an oral application for condonation of the late filing of his Heads of Argument. The appellant did not oppose the application. In the interests of justice I proceeded to grant the application.
On 1 August 2014 arbitrator J Simango made an arbitration award. She ordered the appellant to pay the respondent a total sum of $1 549-77 in respect of acting allowance and bonus. The appellant then appealed to this court against the award. The respondent opposed the appeal. The grounds of appeal were four-fold. However I consider that the first... More
This is an application for leave to appeal to the Supreme Court. On 4 March 2016 judgment was handed down upholding a point in limine that the purported appeal is not premised on and does not raise any question of law. More
At the hearing of this matter, the respondent raised a point in limine which is the subject of this judgment.
The appellant appealed against an arbitral award in favour of respondent. Respondent was engaged by appellant as a journalist for a period of three years. The parties did not reduce their relationship into writing. In 2014 appellant terminated the parties’ relationship. Respondent was aggrieved and referred the matter to conciliation and thereafter arbitration. The arbitrator held that there was a contract of employment between the parties which was not terminated lawfully. He ordered the reinstatement of the respondent with no... More
On 3 March 2015 arbitrator B Matongera issued an arbitration award. He upheld respondents’ claim of unlawful dismissal from employment by appellant. He further ordered appellant to either reinstate respondents or pay them damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
At the hearing of this matter I upheld a point in limine and dismissed the application with costs. I indicated that the reasons for my decision would follow. These are they.
Applicant filed an application for condonation of late filing of an application for rescission of a default order and an application for rescission of a default order. On3 June 2015 this court had granted a chamber application in terms of Rule 19 (3) (a) of S.I. 59/2006 and dismissed applicant’s appeal with no order as to costs. The present application was filed on 31 July 2015. Respondent objected to... More
