SC 26-18 TM Supermarket v Itayi Nkomo Judgment

T. M.     SUPERMARKETS     (PRIVATE)     LIMITED

v

  1.     ITAYI     NKOMO     (2)      THEMBINKOSI     NYATHI     (3)     NICHOLAS     KHUMBULA     TSHILI

 

 

SUPREME COURT OF ZIMBABWE

GARWE JA, GOWORA JA & BERE AJA

BULAWAYO: NOVEMBER 28, 2016 & MAY 8, 2018

 

 

T. Mpofu, for the appellant                                                                                                 

Respondents in person

 

 

                        GOWORA JA:  This is an appeal against the whole judgment of the Labour Court which dismissed an appeal against an Arbitral award issued in the respondents’ favour.

 

                        The salient facts in this matter are the following. In 1995 the appellant employed the respondents as shelf packers and they rose through the ranks. At the commencement of the dispute they were employed as Section managers at TM Supermarket, Lobengula Street, Bulawayo under the M2 grade in terms of the appellant’s grading system. Their remuneration was paid in accordance with their contracts of employment and in conformity with the relevant Collective Bargaining Agreement.

 

2018

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