This is not the first time that a preliminary issue has been raised on behalf of the respondent. On 9 February 2024 this Court made an order striking this same matter off the roll for non - compliance with the rules of this Court. This followed a preliminary point which was raised on behalf the respondent. Another preliminary point has once again been taken on behalf of the respondent. The Court did not enquire as to why counsel for the respondent has adopted the attitude of raising preliminary issues in a piecemeal fashion. The respondent could have raised the present... More
This is an application for condonation of late noting of an appeal. In other words the applicant wants this court to consider that although he has come late, he could not avoid coming late and further he has good chances of winning the case should the matter be heard on the merits. More
At the start of the hearing the parties agreed that the citation of Respondent be amended. With their consent, the Court deleted the name “Murray & Roberts Construction Zimbabwe” and substituted it with the name “Masimba Construction Zimbabwe”. Applicant titled the proceedings as “Application For An Order.” The application is supported by his affidavit. More
The appellant was employed as a Human Resources Officer by the respondent. The appellant is alleged to have reported for work on 6 April 2012 to check on the whereabouts of newly-recruited employees. He is then alleged to have committed acts of misconduct which culminated in his dismissal. The matter was referred to an arbitrator who confirmed such dismissal. The appellant has appealed to this Court. More
The brief facts of this matter are that:
(1) The respondent was employed by the appellant as a bakery checker
(2) On 11 July 2011 he was suspended from employment without pay and benefits.
(3) On 15 July 2011 the respondent was phoned by a workmate to report at work on that day. He appeared for a hearing that day and he was dismissed from work.
(4) On the 29 of July 2011 the respondent received a formal notification of the hearing. He was being charged for gross incompetence in performance of duties and habitual substantial neglect of duty.
(5)... More
