Aggrieved by the decision of the Master directing the Executor of the Estate of the late Stanislas Masike to amend the Amended First and Final Distribution Account and to distribute the surplus cash from the sale of the matrimonial home equally amongst the late Stanislas Masike’s 6 children and the applicant who is the surviving spouse, the applicant filed the present application for review in terms of s 52 (9) (1) of the Administration of Estates Act [Chapter 6:01]. She wants the Master’s decision made in terms of s 52 (9) of the Administration of Estates Act set aside. Further,... More
The parties to this dispute can loosely be described as “business partners” in a joint mining venture. In a contract whose interpretation now forms the subject matter of the dispute, the applicant appears and have agreed to permit the respondent to "work" on three of its mining claims in return for certain sums of money as consideration. I deliberately used the word“appear” for the simple reason that the parties are now bitterly divided over the meaning and import of the terms of the contract and ultimately its validity. More
This is an appeal against the whole judgment of the High Court (the court a quo) granting absolution from the instance with costs, at the close of the appellant’s case (he was the plaintiff in the court a quo). The judgment was handed down on 30 August 2017. More
The 1st respondent is a former employee of the applicant. He was dismissed from the applicant’s employ following disciplinary proceedings. He was aggrieved by the dismissal. .He alleged that he had been unfairly dismissed and that the applicant had made some underpayments to him. The 1st respondent appealed against the dismissal to the ‘Exemption Committee’ and it ordered that he be reinstated without loss of salaries and benefits. The applicant on the other hand appealed to this Court against the decision to reinstate the 1st respondent. The appeal is still to be heard. Meanwhile the 1st respondent approached a designated... More
The matter was placed before me as an appeal against an arbitral award handed down on 2nd June, 2011.
The material background facts of the matter are as follows;
The Respondent was employed by the Appellant as a nurse from February, 2003 to June 2009. He was then dismissed in June, 2009 on allegations that he had absented from duty for 5 months. He was verbally dismissed by the Executive Officer Advisor. The Respondent initially referred the matter to the Labour Officer for conciliation and when that failed the matter was referred to arbitration. The terms of reference were for... More
This is an appeal against the decision of the Exemptions Committee of the National Employment Council for Rural District Councils.
The Facts
The Respondent was employed as a field officer by the Appellant. He was charged with fraud and after the internal hearing was dismissed from employment. Disgruntled with this decision, the Respondent appealed to the Exemptions Committee which set aside the decision of the hearing committee and reinstated him to his former position. More
This is an appeal against the decision of the exemptions committee for the National Employment Council for Rural District Councils where the respondent employee was found not guilty of the misconduct complained about by the appellant employer and reinstated to her job without loss of salary and benefits. More
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 application for leave to appeal to the Supreme Court in terms of section 92 F of the Labour Act, (Chapter 28:01).At the commencement of the hearing, Mr. Mudzuri raised a preliminary point to the effect that the deponent to Applicant’s Founding Affidavit did not have authority to do so. He stated that council business is conducted through resolutions and in the present matter, there was no evidence that Applicant has issued such resolution delegating its powers to the deponent to ‘speak’ on its behalf. He relied on the Opposing Affidavit filed of record. 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
