This is an appeal against the whole judgment of the Labour Court handed down on 1 June 2018 dismissing, with costs, an appeal made by the appellant against an arbitral award made by an arbitrator on 18 July 2017. More
This is an application for condonation for late filing of heads of arguments. The brief facts are that an arbitrator ordered that the employer pays its employees an average of $3000-00 each in relation to wages due and payable to the workers.
The arbitrator in June 2014, ordered that the outstanding wages be paid in three months’ time.
The employer had argued that it cannot pay in that time as it would be unduly harsh on a company that is not performing well. They do not deny that the amounts, as ordered by the arbitrator, are due and payable. They... More
This is an application for condonation for late noting of an application for rescission of judgment.
The facts in this matter are largely common cause. Applicant was initially represented by Ms Magogefrom the National Labour Relations Reference Centre. The appeal by the applicant was initially set down for 12 March 2015 before Justice Chidziva. On that date Ms Magoge applied for postponement of the matter to enable her to file heads of argument in the matter. The application was granted and the matter was postponed to 30 March 2015 by consent. Ms Magoge proceeded to file her heads of argument... More
This is an application for the review of an arbitral award which was made on 21 September 2012 in favour of the Respondents (“employees”) against the Applicant (“employer”). Within this review case arose the issue of condonation of the late filing of the heads of argument by the Applicant and also the attendant request to have the bar in that respect lifted. This judgment, therefore, address the two components referred to above. More
This application is an application for rescission of judgment entered against applicants on 18 January 2011. From a reading of the facts of this matter applicants became aware of the judgment in May and June of 2011. Rule 63(1) of the High Court Rules provides; More
The application was placed before the court was one of stay of execution. The basis for seeking stay of execution is stated as being that the applicants have discharged the debt outstanding. A sum of United States dollars, fifty thousand was paid in cash and the remainder of USD$40 000 plus interest was settled through Zimbabwean currency equivalent to this amount. On the other hand, the first respondent contends that payment of the outstanding balance should be in United States Dollars. Therefore, payment of the outstanding amount in any other currency than United States dollars is a non-event. More
This is an application for condonation for late filing of an appeal. The facts in this case are largely common cause. The applicants filed an appeal with this court against the decisions of first and second respondents finding the lecturers guilty of misconduct and imposing various penalties. The facts also show that before the appeal could be heard, the respondents raised a point in limine, alleging that the respondents were incorrectly cited. This court, as per KUDYA J, upheld the point in limine and proceeded to strike the appeal off the roll. The applicants wish to pursue the appeal, hence... More
The applicant was arrested for theft of a motor vehicle. He was remanded in custody. He applied for bail pending trial. The respondent, the State, opposed the application. More
The court a quo in this matter was confronted with the fact that when the complainant was arrested at his business premises in Burma Valley, Mutare by CID details based at CID Mutare he had no injuries but when he later emerged from the CID offices he had been physically violated. The issue which the court a quo had to deal with was not only whether the complainant had been assaulted at CID offices Mutare but who had assaulted him. The complainant implicated two CID details one NdiudzeiMagawa and the appellant Collen Chirema. It is therefore clear that what confronted... More
Applicants are in the employ of the 1st respondent as managerial executives. In 2015, the Minister of Local Government, Rural and Urban Development issued a directive to local councils through the permanent secretary. The directive had the effect of reducing the remuneration of Town Clerks in the respective local authorities. The directive also meant that such reduction in salaries was to affect the lower managerial grades. 1st respondent implemented this directive, applicants were affected by it. Applicants were aggrieved by this decision and referred their matter to a Labour Officer. A hearing was held in January 2017 and 2nd respondent... More
On 22 June 2012 the appellant drove a Mazda Rustler registration number ABC 6845 while he was not a holder of a driver’s licence. He had 5 passengers on board. He was driving along Harare- Masvingo road. At the 139km peg he turned right in front of oncoming traffic resulting in a collision with a Nissan Hardbody which then overturned. Eleven passengers from both vehicles were injured and were rushed to Chivhu GeneralHospital. One passenger who had been seriously injured later died on the same day in hospital. The other passengers were treated and discharged. More
The law that governs appeals to this Court against arbitral awards is very clear.
Section 98(10) of the Labour Act [Chapter 28:01] provides,
“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.”
This is an appeal against an arbitral award filed in this Court by the Appellants. Does the appeal in its grounds comply with the above provision? Respondent’s answer to this question is that, it does not, hence it has raised a point in limine to that effect. More
The brief factual background is that the applicant was employed by the respondent as Financial Accountant. He was dismissed for misconduct after disciplinary proceedings held in terms of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15 of 2006. (National Code).
The matter went for arbitration, following procedures provided for in the National Code. The arbitrator, in his award dated 10 December 2013, upheld the verdict of guilty, but set aside the penalty of dismissal. The arbitrator ordered the reinstatement of the applicant, without pay and benefits for the period he was on suspension. It appears the penalty... More
This is an appeal mainly against that part of the judgment handed down by the Magistrates Court sitting at Masvingo ordering the eviction of the appellants from houses belonging to the respondent. The appellants took occupation of the said houses (hereinafter referred to as “the company houses”) on account of their employment with the SMM Holdings.
In the court below the respondent instituted two separate but related claims against the appellants. In the first claim it sought the eviction of the appellants from the company houses on the basis of the termination of their employment and the concomitant loss of... More
The appellant in this matter was arraigned before the Magistrates Court Marondera on 9 counts of stock theft as defined in s 114(2)(a) of the Criminal Law Codification and Reform) Act [Cap 9:23]. To these charges he duly pleaded guilty. He was represented during the course of his trial by a legal practitioner. He was convicted as charged and was sentenced on 4 March 2010 as follows:- More
