Mr Mandevere appeared on behalf of the employer. He submitted that he was raising two preliminary points for determination by the court. The first was that the entity cited in the application and in the hearing is not a legal persona. The second issue was that the order granted by the applicant was not registrable as required in terms of the Act, as amended.
I will deal with the first issue. Mr Mandewere argued that the correct employer was the Zimbabwe Power Company which owns ZPC Kariba Football Club. He stated that ZPC Kariba FC did not exist. A reading... More
After hearing the application for confirmation that had been placed before me in terms of Section 93 of the Labour Act [Cap 28:01]the court issued an order on 1st of November, 2017 in the following terms;
“IT IS ORDERED THAT:
1. The 1st preliminary point is dismissed.
2. The 2nd preliminary point is dismissed.
3. The application for confirmation of draft ruling be and is hereby dismissed.
4. The draft ruling per Sabilika N.O. dated 22nd September, 2016 be and is hereby set aside.
5. There is no order as to costs.”
The 2nd Respondent having written to the Registrar... More
This is an application for the confirmation of a ruling which was made by a labour officer in a matter pitting the first respondent employee and the second respondent employer.
The law is clear in section 5 of the Labour Amendment Act that once a labour officer has made a ruling in a dispute of right brought before him by the parties he shall within a reasonable time apply to the Labour Court to have his ruling confirmed. This is what the labour officer who is the applicant in the case at hand seeks to achieve. More
On 9 December 2015 I made an order dismissing an application for condonation. On the basis that I did not find that the explanation given for the delay was reasonable and further that the applicant’s prospects of success on appeal were NOT good ones. More
This is an appeal against the respondent’s (employer’s) decision to find the appellant guilty of ‘Theft or fraud’. The factors which gave rise to the allegations against the appellant were that illegal panning activities were taking place in and around 9E30 Western Haulage at the employer’s mine. Security details and an overseer miner had detected illegal blasts in the section. An investigating team that was set up found that panning activities had taken place. More
