The applicant, (the Union) seeks an order placing the 1st respondent, (Telecel) on corporate rescue in terms of section 124 (1) of the Insolvency Act, Chapter 6:07 (the Act). The Union contends that the requirements of section 124 (4) (a) of the Act are met in that Telecel is financially distressed. The Union claims to have locus standi as a creditor and a registered trade union representing Telecel employees.
Telecel opposes the application and raised three preliminary points which is the subject of this ruling. More
During the pre-trial conference, the parties agreed that this matter be dealt with as a special case in terms of Order 29, r 199 of the High Court Rules, 1971. The facts in relation to the special case are contained in a document signed on 28 August 2020 by both parties, whose contents are captured below: More
1. The applicant as its name implies, is a trade union, duly registered in accordance with the laws of the country, to represent the interests of the workers in the communications and related industries. The respondent is a provider of communication services. Its employees are members of the applicant.
2. On 6 October 2005, the employees of the respondent went on strike after giving the employer notice of their intention to do so.
3. When served with the notice of intention to go on strike, the respondent applied to the Minister of Public Service, Labour and Social Welfare for a... More
The applicant was formed by Harare residents in 2003 and registered as a Trust in 2006. Although in the founding affidavit deposed to by one Stewart Musiwa he himself as “the Director, of applicant company,” this is clearly a misnomer as the applicant is not a registered company but a trust. More
This is an appeal against the judgment of the High Court, absolving the respondent from the instance, at the close of the appellant’s case as plaintiff in that court. More
This is an appeal against the decision of the Administrative Court (court a quo) in which it set aside the appellant’s decision and allowed a merger of the respondents holding that the merger was not contrary to the public interest and interfering with the penalty which had been imposed on the respondents by the appellant. More
This is a competition law matter and concerns the definition of the term “merger”, in terms of the Competition Act, [Chapter 14:28], [hereinafter referred to as the Act]. More
This matter came before me as an application for stay of execution. The record reflects the applicant as Samson Makonde. By consent it was agreed to amend this erroneous citation on the record and court roll so that the applicant is correctly cited as COMTY ELECTRONICS RIBBON WORLD (PVT) LTD. Samson Makondeis only the manager representing applicant. More
The court is satisfied that this application has no merit for the following reasons:
1) The court correctly found that there was no lawful instruction and clearly articulated its reasons for stating so, thus a superior court is not likely to interfere with that finding.
2) The issue of clarity of charges was also adequately explained in the judgment.
3) Deliberation of what the correct charge should have been way after the employee had pleaded to the charge is indeed an abuse of disciplinary powers and the judgment explains in detail why the court formulated that opinion.
4) As the... More
Section 251(1) of the Constitution of Zimbabwe says:
“For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –”
The rest is not immediately relevant. More
1. In this tax dispute, the applicant seeks an order interdicting the respondent from appointing an agent to collect assessed tax from it and reversing a garnishee of its bank account with the respondent’s agent, CBZ. More
The plaintiff is a co-operative society registered in terms of the Co-operative Societies Act [Cap 24:05]. The seven defendants were members of the plaintiff’s management committee who were suspended on 3 April and removed from office on 6 May 2006. The fifth and seventh defendants died before trial and are therefore beyond the reach of this judgment. More
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
