The appellant is appealing against the honourable arbitrator M Mpango dated 26th day of March 2012. The accused was couched as follows:
“The respondent perpetrated unfair labour practices by treating claimants as casual workers after the expiry of six weeks in four consecutive months in violation of the relevant collective bargaining agreement. It is hereby ordered that the respondent re-instates the claimants or pay $1741-00 to each of the claimants as damages in lieu of re-instatement. The respondent is also ordered to pay $4 818-00 to each of the claimants in respect of underpayment of wages, overtime and allowances.” More
Respondent was in the employ of the Applicant. Allegations of misconduct were levelled against her, and she was brought before a Disciplinary Committee in terms of the Applicant’s Code of Conduct. She was found guilty. The Immediate Superior, as mandated by the Code of Conduct, imposed a penalty on her. The penalty was one of a Final Written Warning. The Respondent thereafter continued coming to work. A few weeks down the line, another penalty of dismissal from employment was issued to her. More
This is an application forleave to appeal from this court decision handed down on 20th December 2019.
The Applicant having filed its heads of argument out of time and,being, as a consequence of the operation of Rule 26 of the Rules of Court,technically barred, the Applicant filed an application for the upliftment of the bar. The application was opposed by the Respondent. More
This is an appeal and cross-appeal against parts of the judgment of the Special Court (for Income Tax Appeals) dated 11 October 2019 dismissing some of the appellant’s objections against the respondent’s amended assessments, and setting aside some of the respondent’s amended assessments. In this judgment I will refer to the appellant as the main appellant and the respondent as the cross appellant. More
The background facts to this matter are outlined by the applicant as follows. The 1st claimant leases a farm owned by the 2nd claimant. In 2018 it entered into a finance agreement with Honeytech Investments Pvt Ltd (the 1st claimant) in terms of which the applicant extended to the 1st claimant a loan in the sum of US$384 000.00. The 1st claimant was obliged to utilize the finance to plant a barley crop. The 1st claimant planted the crop and delivered to the applicant 730.30 tons of barley valued at US$444 022.40. More
The plaintiff issued summons against the defendants claiming US$26 924.00 being monies due and payable to it in respect of beverages supplied on credit. More
This is a special case in terms of Rule 52 of the High Court Rules, 2021. According to the agreed facts the first defendant acted in breach of contract when they diverted the plaintiff’s funds from the plaintiff’s bank account to their personal accounts. This breach of contract happened between 3 November 2016 and 19 February 2019 and the terms of contract breached are outlined in paragraph 7 of the agreed facts. Paragraph 11 of the same facts also show that the defendants also admitted liability and paid the plaintiff the amount due in RTGS at the rate of 1:1... More
This is an unusual application. The applicant is the purported defendant in a contested action filed by the respondent as plaintiff in this court HC 8956/10. A pre-trial conference was held and the action referred to trial on a set of issues that were agreed between the parties before a judge. More
This is an appeal against the arbitrator’s quantification of damages award made in favour of the Respondent against the Appellant Company. The arbitrator ordered that the Respondent be paid damages in place of reinstatement and back pay in foreign currency following his dismissal by the Appellant Company. More
On 30 March 2023 this Court issued an Ex Tempore decision dismissing Applicant’s application for rescission of the default judgment delivered by the Court sitting at Mutare Circuit Court. Applicant is dissatisfied with the dismissal of the application for rescission and intends to approach the Supreme Court. More
The applicant seeks a declaration of invalidity in respect of additional income tax assessments for the tax years ended 2019 and 2020. It also seeks another declaration of invalidity of the additional value added tax [VAT] assessments issued against it by the respondent for the period March 2019 to October 2021. It claims costs of suit on an attorney and client scale against the respondent. More
Delta Beverages Private Limited (plaintiff) sued all the three defendants claiming the sum of US$33 876.72 being the amount due and owing by the defendants to the plaintiff in respect of the balance of the costs of goods namely beverages supplied on credit to first and second defendants during the period extending from the 11th February 2009 to 9th June 2014 and for which the first and second defendants on the 30th December 2013 acknowledged themselves to be truly and lawfully indebted to the plaintiff as at that date in the total sum of US$22 107. The third defendant bound... More
is an appeal at the instance of the appellant employer against the decision of the arbitrator where he ruled that the appellant casualised labour by employing the respondent for a stretch of nine years on renewable fixed term contracts. More
This is an appeal against the whole judgment of the High Court (the court a quo) dated 25 October 2023 in which it dismissed the appellant’s application for a declaratur. More
