This is an application for leave to appeal judgment LC/H/223/20, a judgment of this court. The respondent hasraised two preliminary issues. These are:
(i) That the judgment was a default judgment and therefore not appealable andthat the proper course of action is to apply for rescission and
(ii) That the application should be heard by a judge in chambers and not in open court. It was argued on behalf of the respondent that the application or leave ought to have been done through a Chamber Book.
In support of his submission on when or before who an application for leave... More
This is an appeal against the decision of the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe upholding a decision of its Local Joint Committee overturning the respondent’s dismissal of the respondent from its employ following disciplinary proceedings. The respondent had preliminary issues to raise. However , at the commencement of the hearing Mr Muhambi who represented the respondent abandoned the preliminary issues so that the merits of the case could be considered. That was commendable as this expedites finality to litigation. The facts of this matter appear not to... More
Respondent was employed by the appellant as a property manager. Following allegations of misconduct, respondent was brought before a Disciplinary Committee which found him guilty and recommended his dismissal.
The matter ended up in arbitration and the arbitrator found in favour of the respondent thus reversing the decision of the Disciplinary Committee. Appellant is aggrieved by this decision and has appealed to this court. More
This is an application for review of the proceedings of the disciplinary committee. Initially the review was based on six grounds but they were reduced to two as the other four were abandoned. More
The applicant seeks leave to appeal against my judgement of the 22ndJanuary, 2016.
The application is opposed by the respondent on the basis that the applicant having failed to filed its Heads of Argument within 14 days of receipt of the respondent’s Notice of Response the applicant is technically barred and therefore has no right of audience before the court. More
