DISTRIBUTED BY VERITAS TRUST
Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592
E-mail: veritas@mango.zw
Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility
for information supplied.
Judgment No. SC 35/18
Civil Appeal No. SC 519/17
absolutely no contractual basis for the respondent’s claim in this respect and the court a
quo clearly erred in upholding it.
Insolvency of the Appellant
The court below found that the appellant had not directly raised the issue of
financial incapacity and that the arbitrator himself had not addressed this issue.
Consequently, it held that a ground of appeal could not arise where there was no decision
on the issue.
It is clear from the foregoing that the court a quo did not make any appealable
determination as to the appellant’s inability to satisfy the respondent’s members’ claims on
account of its insolvency. In any event, counsel for the appellant did not advance any
submissions on this ground of appeal. It must therefore be taken as having been abandoned.
Award against Appellant’s Subsidiaries
Mr Magwaliba submits that the appellant’s practice was to apply common
policies across the board, governing the terms and conditions of employment for its own
staff as well as the staff of all its subsidiaries. This is evidenced by various memoranda and
resolutions issued by the appellant, between 2010 and 2011, pertaining to salary scales,
personal issue motor vehicles, and housing, retention and non-pensionable allowances.
10