On the 29th March 2021 at Harare the Exemptions Committee (EC) of the NEC for Rural District Councils issued a determination. The EC ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. The employer then appealed to this Court in terms of section 92 D of the Labour Act Chapter 28:01. More
This is an appeal against the decision of the arbitrator. The arbitrator had presided over the issue of who was the respondent’s employer between the Rural District Council and the Ministry of Health and consequently who was responsible for the unfair dismissal of the respondent. That the respondent was unfairly dismissed was not an issue. The arbitrator’s decision was based on written submissions by the parties wherein both parties clearly show that the issue for determination was to determine who the employer was at the time of termination of the contract of employment. More
When the parties appeared before me in chambers on 27 January, 2012, I directed their legal practitioners to file heads of argument before I could make a determination on the matter. This they have done. I had discerned that the resolution of the real dispute between the parties hinged on a point of law. More
Appellant was a Senior Teacher based at Two Tree Hill Primary School when the allegations for which he was dismissed arose.
It was alleged that Appellant uttered vulgar words to Ellen Chamba a 9 year old grade 3 pupil to the effect that,
“mine can penetrate”, “let’s see your breasts” “you are my wife” and lets go behind the classroom to have sex”.
It was also alleged that he improperly associated with Kelly Matiga, a grade 7 girl pupil by making unbecoming utterances such as
“you are my girl” and “give me love”.
Out of the 15 allegations preferred against... More
This is an application for confirmation of a ruling made by the applicant in terms of section 93 (5 a) and (5b) of the Labour Act [Chapter 28:01] “the Act”. More
On 8 March 2021, the applicant filed an application for bail pending trial on one count of robbery and another count of attempted rape. The matter was only argued on 16 April 2021 after several postponements. I dismissed the application and gave brief reasons in court. The applicant has requested detailed reasons for the dismissal of his application to enable him to progress the matter further. The following are the reasons. More
This is an appeal at the instance of the appellant school against a decision made by the arbitrator in favour of the respondent employee.
The background to the matter is that the respondent who was in the appellant’s employ as a clerk-typist was dismissed from employment following disciplinary proceedings for acts of misconduct. Her matter eventually landed at arbitration where the arbitrator set aside the dismissal and reinstated her as well as ordered that she be paid what she was being underpaid in terms of the industry salary and benefits stipulates. Appellant was aggrieved by the arbitral award and thus... More
At the end of the hearing of this appeal we gave an ex tempore judgment wherein we dismissed the appeal with costs. We have now been requested to issue full reasons for the said judgment.
Here are our reasons. The respondent instituted proceedings in the Magistrates Court to evict the respondents from Tokwe Grange Farm.
According to the founding affidavit the respondent avers as follows:
He is the owner of Tokwe Grange Farm, Masvingo (hereinafter called the farm). He bought it from Tokwe Grange Commercial Centre in 1996. Thereafter he was handed over the title deeds for the same farm.... More
: Plaintiff issued summons against the defendant, on 21 November 2017, claiming an order for eviction, holding over damages in the amount of $7 873,97 per month from 1 October 2017 to date of eviction and legal practitioner and client costs. More
The facts which are fairly straightforward and common cause in this matter can safely be summarised as follows:
The applicant is a company duly registered and incorporated in terms of the laws of Zimbabwe. The respondent is a registered commercial bank with a number of branches in Zimbabwe.
The applicant runs two distinct corporate bank accounts with the respondent’s Kwekwe branch. As of October 2007 the applicant’s two accounts had an aggregate credit balance of forty seven thousand seven hundred and thirty nine dollars and eighty six cents (US$47 739-86). More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare, handed down on 16 June 2021, dismissing the appellant’s claim for an order ejecting the respondent and all those claiming occupation through him from plot 16 340 Chinhoyi (the plot), payment of holding over damages in the sum of $300 per month for illegal occupation of the appellant’s plot from 13 December 2013 to date of ejectment or vacation and interest at the prescribed rate and costs of suit. More
The background of this matter is that the respondents were permanent employees of Chinhoyi University & Technology farm. Currently they are employed by the joint venture of Zim-China Wan Agriculture (Pvt) Ltd. It is alleged that the respondents were advised by Mr Rashidi the Human Resources Manager to join the new venture before it was too late. The respondents expected the appellant to pay them a retrenchment package. The appellant on the other hand expected the respondents to give notice of their termination of employment. The matter was referred for conciliation but parties failed to reach a settlement and the... More
This is an appeal against an arbitral quantification award.
Respondent was dismissed by Appellant from the post of Permanent Lecturer in November 2009 following disciplinary hearings. An arbitral award thereafter ordered his reinstatement on the 26th August 2011. Damages in lieu of reinstatement was the alternative order. More
This is an application for interim relief in terms of Section 92 E of the Labour Act [Chapter 28:01].
Applicant is the former employerof the First to Ninth respondents. Arbitrator F Mugabe handed down an award in favour of the respondents on the 5 November 2013 wherein he ordered their reinstatement without loss of salary and benefits with effect from 3 June 2013 or damages in lieu of reinstatement. The order included reinstatement of each respondent’s accrued leave days as at 3 June 2013. More
The applicants seek spoliatory relief and an interdict against 1st respondent. The application was filed on 15 March 2021. 1st Applicant is a housing co-operative registered in terms of the laws of Zimbabwe. Its founding affidavit was deposed to by its chairperson CHARLES SAUNGWEME. 2nd applicant is a member of the 1st applicant. He deposed to his own affidavit which essentially augments 1st applicant’s affidavit. There is also a supporting affidavit by SIDNEY MUMBAMARWO, who is a member of 1st applicant. More
