This is an appeal against the decision of Honourable Arbitrator M.C. Kare that was handed down on 20 June 2014. In the award Honourable Kare found that Appellant had committed an unfair Labour practice by intentionally failing to make substantive appointments of the Respondents in writing to the grade of 13/14 as required by law. The Appellant was then ordered to substantively appoint the Respondents to grade 13/14 from August 2012 and pay then correct salaries. More
On 22nd November 2012 the Honourable G Nasho Wilson made an arbitration award. In terms thereof he ordered Appellant to reinstate Respondent in its employ or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal. More
This is an application for stay of execution of an arbitral award granted on 4 November 2013. The award ordered reinstatement of the respondent to his employment with the applicant, and reinstitution of disciplinary proceedings. More
This is an application for condonation for late filing of an application for leave to appeal to the Supreme Court. An application for leave to appeal is done in terms of Rule 43 of the Labour Court Rules Statutory Instrument 150 of 2017. The respondent took a point in limine to the effect that the application was improperly before the court as the applicant had not filed a copy of the intended application for leave to appeal. By failing to file the said copy the applicant was said to have denied the court the opportunity to consider the prospects of... More
At the beginning of the hearing, Mr Chikowero applied for a postponement citing the fact that he had received the documents from the Applicant on 5 March 2014 when in fact these had been served on Applicant on 7 February 2014. It was common case that 1st Respondent had erroneously served the Notice of Response on the Applicant instead of the Applicant’s legal practitioners. More
This is an application in terms of Section 92 E (3) of the Labour Act [Chapter 28:01] for stay of execution of an arbitral award in favour of the Respondent More
This is an application for stay of execution. It emanates from an arbitral award dated the 3rd of June 2013, in which it was ruled that a collective job action in which Respondent participated was lawful, and as a consequence of which Applicant was ordered to reinstate Respondent without loss of salary or benefits. More
This is an application for leave to appeal against the decision of this court that was handed down on 18 December 2015. This court upheld the award by Honourable Arbitrator S Mugumisi dated 12 February 2012. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court and extension of time within which to file an application for leave to appeal a decision of this court to the Supreme Court. More
A brief summary of the facts is as follows. The present application follows the earlier appeal noted by the applicant which, on 3 June 2021, was struck from the roll for want of compliance with the rules.
On 20 June 2019, the first respondent issued Summons against the applicant, second and third respondents claiming damages for assault, unlawful arrest and illegal impounding of the motor vehicle in the sum of US$ 9 556. The first respondent’s averred in the summons thatPolice Officers from the applicant and second respondent impounded his vehicle on 13 November 2018. The Police Officers also assaulted... More
The adage that the law does not help the sluggard finds expression in the operation of the provisions of the Prescription Act [Chapter 8:11] which provides for the prescription of a debt if no action to claim the same is done within a period of three years in the absence of interruption. Such interruption can be through an express or tacit acknowledgment of liability by a debtor in which case prescription shall start running again from the date on which the interruption commenced. This court finds that this is the situation that the plaintiff finds itself in, and has not... More
The factual background of this matter is largely common cause. Sometime in 1992 the applicant and the first respondent entered into an agreement in terms of which the applicant sold to the first respondent a piece of land situate in the District of Salisbury called Stand 14773 Harare Township of Salisbury Township Lands measuring 1 4221 hectares (the property). In terms of clause 7 of the agreement the first respondent was to develop the stand by commencing erecting buildings within six months from the date of infrastructure servicing and complete same within twelve months from such date. Pursuant to the... More
This is an application which is being made in terms of Article 34 (2) (b) (ii) of the Arbitration Act [Chapter 7:15] to set aside the arbitral award which was awarded in favour of the first respondent on 28 July 2017. The applicant is the City of Harare a body corporate incorporated in terms of the Urban Councils Act [Chapter 29:15]. The first respondent Augur Investments OU is a peregrinus incorporated in Mauritius. The second respondent is the Minister of Local Government, Public Works and National Housing (the Minister) whilst the third respondent is Honourable Retired Justice Mtshiya cited in... More
