This matter was set down as an appeal against the decision of the National Employment Council for the commercial sectors hereinafter referred to as the NECCS. Appellant had been found guilty of inciting fellow employees to be violent against the employer at a time when they were being given their salaries. The dismissal decision was arrived at in his default. He was aggrieved by the dismissal and appealed to the Local Joint Committee (LJC). More
This matter has a chequered history. It clearly depicts the fact that the wheels of justice move at a painfully slow speed. It has been pending since 2003. The matter has been afflicted by various applications, correspondence flying between the appellant’s legal practitioners and the 1st respondent with some of the correspondence exhibiting the use of intemperate language. Allegations of insincerity have been made by the 1st respondent against appellant’s legal practitioners. Letters were addressed to the Senior Judge of this court so that the learned judge could wade in and give some direction in the matter. Court applications have... More
On 25 November 2019 the Supreme Court issued the following order:
“IT IS ORDERED BY CONSENT THAT:
1. The appeal be and is hereby allowed with no order as to costs.
2. The judgment of the Labour Court in LCH/H/APP/336/2014 be and is hereby set aside and substituted with the following:
1. The application for quantification of damages partially succeeds and accordingly the respondent shall pay to the applicant the following within thirty (30) days of this court’s order.
a. Damages for unfair dismissal at the salary rate of ZW$1 157 037.00 (1400) from 1 June 2003 to 31 May... More
This is an appeal against a decision by the Appeals Officer of the respondent to upheld the determination and penalty imposed by the Disciplinary Authority. Appellant was employed the respondent as a Divisional Accountant based at the Southern Division at the Bulawayo depot. On 15 February 2016 appellant was suspended from duty on allegations of committing serious acts of misconduct. Disciplinary proceedings were held and appellant was found guilty. He was dismissed from employment on 9 March 2016. Appellant appealed to the Appeals Officer. He was successful on one ground. The rest of the grounds did not succeed and the... More
The applicant was employed as the Southern Division Accountant by respondent. On 15 February 2016 he was suspended from duty in terms of the National Code of Conduct, Statutory Instrument 15 of 2006. He was charged of gross incompetency or inefficiency in the performance of his work and habitual and substantial neglect of duties.
Following disciplinary proceedings held on 29 February 2016, the applicant was found guilty as charged and was dismissed from employment. More
Having deemed the application urgent, I proceeded to hear submissions on merit. The facts of the matter are:
Applicant had a special grant to carry out prospecting operations in June 2016 which expired 12 months later in July 2017. Renewal was denied. Applicant claims to have installed a gold mill at the farm. It discontinued mining operations and claims to have remained in peaceful possession of the mill. Apparently the respondent has first mining rights in the very area the gold mill is located. More
This is an application for condonation of the late filing of an application for reinstatement and the reinstatement of the appeal made in terms of r70 (2) of the Supreme Court Rules, 2018. The applicant initially filed a timeous application for reinstatement of his appeal which was deemed abandoned under case number SC 04/19. The application was struck off the roll with no order as to costs on 14 May 2019 prompting the applicant to lodge a fresh application on 29 May 2019. More
This matter was placed before me as an application in which the applicant seeks payment of the sum of US$714 000 (seven hundred and fourteen thousand United States Dollars). The background to the matter is as follows.
The respondent is the registered owner of two properties namely stand 504 and stand 12085 located in Zimbabwe. Sometime in 2019 an entity called Transafrica Investment Holding SA (“Transafrica”) secured a credit facility from the applicant on specific terms. More
The appellant in this matter was employed by the respondent as an accounts clerk in its accounts department.
Misconduct allegations were raised against the respondent. The charge was
“Lack of skill”
The specific allegations were;
• Wrongly compiling and submission of VAT returns.
• Petty cash – incorrect balances and absence of reconciliations for 2011.
• Reconciliation of debtors and creditors not done.
• Missing files, missing documents and incorrect filing system.
The respondent was found guilty and she was dismissed from employment. More
The plaintiff issued summons out of this court claiming the following order
1. An order directing first defendant to accept delivery of 600 bags of pc 15 cement at an address of choice in Harare or Ruwa More
On 3 November 2020plaintiff issued summons against defendant claiming US$100 000 or its Zimbabwe dollar equivalent at the official Reserve Bank rate, interest on the claimed sum and costs of suit.
The claim was for compensatory damages for loss of business and profits due to the delayed delivery of 600bags of Supaset cement by defendant which plaintiff had duly paid for.
At the trial, plaintiff led evidence from himself only and closed his case whereupon defendant then applied for absolution from the instance.
Defendant’s case was that plaintiff dismally failed to make a case against it which deserves a reply. More
This is an appeal against a determination made by the Respondent Disciplinary Authority on 30th of March, 2022. The appeal is opposed. The material background facts to the matter are as follows; The Appellant was employed by the Respondent as a Driver/Salesman. He was engaged on a fixed term contract running from 1st of January, 2021 and expiring on 31st of March 2021. On the 23rd of March 2021 the Appellant was suspended from employment without pay or benefits. He was notified to attend a hearing on the 29th of March 2022. The allegations levelled were that he had violated... More
The factual background that gave rise to this application is that, on the 19th of December 2021, as she was at Nyabira Toll Gate, her motor vehicle Mazda BT50 double cab was impounded by ZINARA on the instruction of Zimra for having failed to pay the requisite duty. Aggrieved by this action, applicant filed an application for a spoliation order in this Court under HC 1014/22, which application was unsuccessful for failure to give the requisite notice. More
This is an application for spoliation. The facts being that on the 18 December 2020 the applicant and some family members drove from Banket to Dzivarasekwa where there was a wedding in a Mazda BT50 motor vehicle Chassis number MM6UROYIL0015466, Engine number P5AT2827949 Registration number AFK7658. On 19 December 2021 as applicant was driving the said vehicle, and at Nyabira tollgate, along Lomagundi Road, about 35km from the Harare city centre, applicant was advised by the attendant that second respondent had provided the Zimbabwe National Road Authority (ZINARA) with the number of vehicles that would not be allowed to pass... More
