This is an application from the bar for upliftment of a bar for failure to file heads of argument in an application for condonation for late noting of an appeal. In other words after failing to meet the time limitations in a court process the applicant applied to be forgiven while processing that application the applicant has failed again to meet the time limitations in the application to be forgiven and now needs to be forgiven again before the original application can be considered or else the applicant cannot be heard. More
This is an application for review. This follows the dismissal of the applicant by respondent following disciplinary proceedings. At the conclusion of the proceedings a default judgment was entered against the applicant. The applicant asserts that he was there and indeed initially the record shows that he was present. He says he excused himself and left the proceedings in order for him to go and collect his lawyer who was failing to locate the venue where the proceedings were being conducted. When he returned with his lawyer, he realized that the proceedings had continued during his absence. A determination was... More
This is an appeal against the Respondent’s decision to dismiss the Appellant.
The Appellant was employed as a Maintenance Superintendent in the Engineering Department of the Respondent. Following allegations that the Appellant had interfered with a tender process by soliciting for a bribe from one Gwature, Appellant was charged. The Appellant was charged for contravening Sections 12 B (2) (b) (ii) and (iv) of the Labour Act. He was found liable by a Disciplinary Committee. An internal appeal was noted and it was unsuccessful. Appellant then appealed to this Court on the following grounds.
(1) That there was no evidence... More
This is an application for rescission of a default judgment entered against the applicant. He arrived at court ten (10) minutes after that judgment had been entered against him. This delay was caused by the fact that he travelled from Kwekwe which is over two hundred kilometres away from Harare where the court was being held. The appellant appears to have been keen to prosecute the matter. If he adopted a deliberate attitude in order to arrive late, the court still considers the effort he put. He will be given the benefit of doubt. He will be ruled not to... More
The ghost of the Supreme Court judgment in Don Nyamande& Another vs Zuva Petroleum (Pvt) Ltd S 43/15 and the subsequent promulgation of the Labour Amendment No. 5 of 2015 continue to haunt many a Labour Court Judge. The Supreme Court judgment confirmed an employer’s right to terminate an employee’s employment contract on notice. The Labour Amendment Act sought to address the situation by providing for payment of certain terminal benefits in the amended section 12C. Employers have argued that the Act, in providing for retrospectivity, is ultra vires the Constitution and to this end applications have been made for... More
