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This is an appeal against the decision of an arbitrator ordering the appellant to reinstate the respondents or alternatively that the respondents be awarded the appropriate damages in lieu of reinstatement. More

What is sought in this application is a combination ofprohibitoryand mandatory interdicts. The applicant seeksto have the respondent restrained from leasing out or otherwise authorising third parties to utilize certain pieces of immovable property situated within its municipal area contending that such use runs contrary to the terms and conditions of a servitude for which the said land was reserved or designated.Secondly it seeks to have the respondent compelled to take positive steps to comply with municipal laws and regulations governing the utilisation of what it calls “servitude stands”. More

1. The honourable arbitrator misdirected himself at law by applying the labour (amendment) act number 5, 2015 to the matter, yet the Labour Amendment Act was not in operation when the cause of action arose. 2. The honourable arbitrator erred at law in his calculations of the back pay and damages in lieu of reinstatement which led him to arrive at a wrong figure which should be due to the respondents. 3. The honourable arbitrator’s award is so unreasonable and irrational in its defiance of logic so as to constitute a ground of appeal in that: More

The appellant appeals in this case against an arbitral award. Section 98 (10) of the Labour Act [Chapter 28:01] (“the Act”) provides as follows: An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section. More

This matter was set down as an appeal at the appellant council’s instance. On the set down date and in his heads of argument the respondent argued that the matter was improperly before the court for want of its process not being issued out and filed by a legal practitioner as defined by the Legal Practitioners Act. The applicant opposed the point taken and maintained that it was properly before the court on account of the fact that it was represented by its legal officer who is its employee and who fits within the ambit of who should lawfully issue... More

The respondents are employed by the appellant in different capacities. On 1 December 2014 a letter was written by the Director of Corporate Services and Housing advising the respondents of their transfers. These were lateral transfers. The respondents raised a grievance on the issue and the matter was eventually referred to an arbitrator. Two terms of reference were given to the arbitrator to determine whether the respondents should be appointed substantively to the position they held in an acting capacity and whether the transfers of the respondents had been procedurally effected. More

This is an appeal against the decision of an Appeals Committee constituted under the Collective Bargaining Agreement for the Harare Municipal Undertaking, Statutory Instrument 17 of 2007 (CBA). More

This is an appeal against an arbitral award in favour of the respondents. The respondents are former employees of the appellant. They were suspended with pay and benefits for thirty days pending disciplinary hearings. They were further suspended for another thirty days during which they were called for a hearing. The respondents walked out of the hearing after alleging that the matter had been referred to a designated agent in terms of S I 171 of 2010. The hearing proceeded in their absence and they were convicted and dismissed from employment. More

This is an appeal against an arbitral award issued by Honourable L M Gabilo on 23 April 2012. The award set aside the dismissal of the respondent by the appellant, and ordered his reinstatement. More

This is an application for condonation for late filing of an application for leave to appeal against the judgment of this court No. LC/H/146/20. The judgment was handed down on 3 July 2020. According to the applicant it received the judgement on 9 July 2020. The application for condonation was filed on 15 September 2020. More

This is an appeal against an arbitral award. The respondent, who was employed by the appellant, he was also an official of the workers committee. More

This is an application for stay of execution of an arbitral award pending the determination of an appeal before this court. The application is made in terms of section 92 E of the Labour Act [Chapter 28:01]. In order to succeed in such an application the applicant has to show that it has a prima facie right to the relief, that the applicant would suffer irreparable harm if the relief is not granted and that the balance of convenience is in its favour. More

This is an appeal against an award made by an arbitrator sitting at Harare. The award was handed down on 27 January 2012. The appellant did not apply for the suspension of the operation of the award being appealed against pending the finalization of the appeal. The respondents have now raised a point in limine. Mr Mazhetese who appears on behalf of the respondents argued that the appellant has approached this Court with ‘dirty hands’. This is so Mr Mazhetese argued,because the Labour Act Chapter 28:01 (The Act) stipulates that an appeal against an award does not suspend the operation... More

An arbitration award made by the Honourable D.H. Muza is the subject of this appeal. The award ordered Appellant to reinstate Respondent’s employment or alternatively to pay him damages for loss of employment. Appellant appealed to this Court against the award. Respondent opposed the appeal. The crux of the appeal was that the award was grossly unreasonable and irrational. Excerpts of the award were quoted in support of this contention. More

The facts of the matter briefly outlined, are that the respondent was employed by the appellant as a messenger. It is alleged that on 15 May 2012 the respondent teamed up with his colleagues and visited some shops within the Harare Central Business District, where they demanded spot fines from shop owners. They did so after misrepresenting that they were licencing officials from the Council’s Licencing Inspectorate. This expedition led to the respondent’s arrest on criminal charges of impersonation of police. He was tried and acquitted of the criminal charges at the Harare Magistrates Court. More