Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 2
IN THE HIGH COURT OF ZIMBABWE CASE No.
HCA /19 Held in Bulawayo X-REF: WC 927/19
In the case between:
WEBSTER CHINDLORI APPELLANT
And
THE STATE RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE THAT the Appellant hereby appeals against the conviction of the attached c of the Labour Officer, Mr. Emilton Verukai, in terms of section 93(5)(c) dated 4 April 2019.
GROUNDS OF APPEAL:
1. The Labour Officer erred on a point of law in that he did not make a finding in his draft ruling that a dispute of right had occurred between the Appellant and Respondent necessitating the proceedings to be dealt in accordance with section 93(5)(c) of the amended Labour Act. This matter should have been referred to arbitration.
2. The Labour Officer erred on a point of fact and law by making a finding that Appellant had an employment relationship with the Respondent and unfairly dismissed him.
3. The Labour officer erred on a point of law and fact by making a finding that Respondent was unfairly dismissed. He ignored documentary evidence presented by the Appellants that Respondent had stopped coming to work despite his commitments to the company and his surrender of company shares.
4. The Labour Officer erred on a point of law and fact by making an incorrect finding that the following High Court cases, HC 2613/18 and XREF:HC 2578/18 were peace order applications by Appellant as against the Respondent. The inference being that Appellant constructively dismissed the Respondent, which is not true.
5. The Labour officer erred at law and in fact by making an order of costs which was incorrect, and the amounts awarded were never claimed by the Respondent.
WHEREFORE Appellant prays for;
1. The draft ruling of the Labour Officer under ref number 19/01/19 be and is hereby set aside.
2. Respondent to pay costs of suit.
DATED AT BULAWAYO THIS 9TH DAY OF MAY 2019.
………………………………………. AROCET INVESTMENTS (PVT) LTD Within named Appellant No. 43 J. Chinamano Road, Unit 5, Belmont, BULAWAYO
And: THE REGISTRAR OF THE LABOUR COURT
Labour Court of Zimbabwe BULAWAYO
And to: HYO JUNO LEE
Within named Respondent Number 405 Alington Court, Ascot, BULAWAYO
G.R. No. 176419 November 27, 2013 GMA NETWORK, INC., Petitioner, Carlos P. Pabriga, Geoffrey F. Arias, Kirby N. Campo, Arnold L. Lagahit, and ARMANDO A. CATUBIG, Respondents
