The Appellant is a statutory corporation whose principal function is to act as an agent of the State in assessing, collecting and enforcing the payment of all revenues. At the relevant time, respondent was employed as a Revenue Trainee by appellant from May 2011 until April 2012 when he was dismissed pursuant to a disciplinary hearing conducted on the 13th of April 2012. More
At the hearing of this appeal, Respondents Counsel raised a point in limine concerning the citation of the Respondents. It was his argument that there is no legal persona known as “12 others”. Appellant ought to have cited the 13 Respondents in name in its notice of appeal. He argued that the notice of appeal which cites Chenayi Nyaguse and 12 others is totally defective and cannot be amended as it is a nullity. More
On the 11th December 2020 at Harare, Labour Officer L. Nhandara issued a ruling which ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. Appellant then appealed the ruling to this Court. More
On 3 September 2012 this Court dismissed Respondent’s appeal against a decision by the Applicant to dismiss him from employment on the basis of misconduct. On 9 January 2013 Respondent applied for leave to appeal to the Supreme Court against that decision. On 11 February 2013 Applicant filed its opposition to the application and served it on the Respondent on the same date. In terms of Rule 19 Respondent was supposed to file Heads of Argument within fourteen days of receiving the response. That was not done. Instead on 16 April 2013, way after the fourteen days within which Heads... More
The respondent was employed by the appellant as a revenue officer. He was charged with an act of misconduct in terms of the appellant’s code of conduct (the code) for : ‘Gross negligence in the execution of duties.’ According to the applicable code this falls under ‘Group D-Most Serious Offences’. The matter was later referred to a labour officer in terms of S101(6) of the Labour Act Chapter 28:01 (the Act).On 11December 2020 the Labour Officer, L Nhandara , made a determination that the appellant had wrongly charged the respondent. In the circumstances the Labour Officer ordered the appellant to... More
