On 26 February 2025 this court handed down an order dismissing with costs the applicant’s application for condonation for late noting of an appeal and extension of time within which to file the same. More
The delay in hand down of the judgement is sincerely regretted. This is an application for quantification of back pay/salary arrears and benefits. The application was filed pursuant to a judgment of the Supreme Court handed down on 24th November. The Supreme Court, through the judgment, allowed with costs the appeal against Applicant’s dismissal. As a result the court set aside and substituted this court’s judgment as well as the hearing officer’s determination of guilty on the charge as levelled. The Applicant was to be reinstated to his original position without loss of salary and benefits from the date of... More
The appellant, Mr Mugove Chatizembwa, was employed by the respondent as a quarry superintendent. On 21 April 2013 he was on duty. Without seeking his superior’s authority he took a company vehicle and went to a certain farm which is about 25 kilometers from his work place. The purpose of this trip was personal to him. Whilst there he met one of his superiors. They exchanged greetings. Thereafter they discussed his presence at that place at the material time. What transpired at that venue is best captured by his report to the Mines Engineer which I will quote in full. More
The matter initially came before the Labour Court for the confirmation of a draft ruling. The Court dismissed that application on the basis that the applicant had exceeded his jurisdiction. He had decided the issue that had been referred to him and after that, he had created another issue and decided the case on the basis of that issue which was not properly before him. The Court found that it was irregular. As a result, the Court declined to confirm the draft ruling. This was in 2021. More
