This is an appeal against the decision of the National Employment Council Appeals Committee “NEC Appeals Committee”.
The facts of the case are common cause. The respondent was employed as a cementer by the appellant.
On 8 October 2014 one Max an employee of appellant during his course of work intended to serve the workers’ committee representatives with certain documents. It was alleged that Max engaged the chairman of the worker’s committee, who invited the rest of the workers’ committee members and other employees. More
On 12 December 2014 the appellant dismissed the respondent from employment following disciplinary proceedings.
An Internal appeal was unsuccessful. He appealed to the National Employment Council Appeals Committee, ‘the Committee’. The Committee found that the respondent committed a less serious offence, and ordered that the penalty of dismissal be set aside and substituted by a final written warning. The appellant was therefore to reinstate the respondent and in the alternative pay damages. More
In this urgent chamber application, the parties filed heads of argument after the applicant was granted leave to file an answering affidavit and did so. The parties thereafter mutually agreed that I determine the application on the basis of the filed papers and heads of argument without convening a formal hearing. More
This is an urgent chamber application for an interdict pendente lite. The interim relief sought is that pending the return date of the instant matter the first, third and fifth respondents be barred from transferring either Stand 2594 Marondera Township of Marandellas Township Lands measuring 11, 5843 hectares, held under Deed of Transfer No. 4793/2022 or Stand 8928 Marandellas Township of Stand 2594 Marandellas Township measuring 5 hectares, to the second respondent or to any other person except to the applicant. Applicant also seeks an order interdicting the third respondent from alienating his shareholding in the first respondent to any... More
The plaintiff in this case is a farmer by vocation and he also happens to be a prophet. He claims payment in the sum of $4.5 million (revalued) as damages for defamation ($2.5 million) and damages for unlawful arrest and detention ($2 million). More
This is an application for a Declaratory Order in which the Applicant is seeking to be declared the sole mining entity with valid registration certificates entitling it to solely conduct mining operations within Koo Doo 62 - 65 Mine in Mudzi District, Mashonaland East Province. The Applicant is also seeking that the 4th Respondent is declared to be conducting illegal mining operations within Koo Doo 62, 63, 64 and 65 Mining locations and therefore should cease its illegal operations. The 1st, 2nd. 3rd and 5th Respondents consented to the application. The 4th Respondent is however opposed to the application. More
CHIRAWU-MUGOMBA J: The applicants were jointly charged and appeared at a trial before the 1st respondent. They were jointly charged with: -Perjury as defined in S183(1) of the Criminal Law [Codification and Reform] [Act] [Chapter 9.23]; Fraud as defined in the same act and additionally with contravening S 63(1)(b) of the Serious Offences (Confiscation of profits) Act (9:17). More
This is an application for condonation and extension of time within which to note an appeal in terms of r 31(3) of the Supreme Court Rules 1964. The applicant is the widow of the late Chemayi Joseph Mtize. She is the duly appointed executrix dative of his deceased estate. More
This is an appeal against the whole judgment of the High Court, (“the court a quo”) handed down on 6 October 2022. The court a quo dismissed the appellant’s appeal against refusal of summary judgment by the Magistrates’ More
The applicants filed their notice of appearance to defend three (3) days outside the dies induciae. They were, at the time of filing the notice, automatically barred. This application aims at the removal of the bar. More
The Appellant was charged with a violation of Section 38 of the Colcom Code of Conduct – Theft. He was convicted on the charge and a sentence of dismissal from his employment was imposed. He appealed unsuccessfully to the two internal appeal structures. He has now brought the present appeal to the Labour Court.
The appeal was noted initially on the basis of six grounds. At the hearing of the matter the Appellant’s Representative conceded that the first three grounds being essentially grounds for review were incompetent grounds. More
This matter came to this court as an urgent chamber application. This court granted the interim relief sought, whose terms interdicted 1st defendant from disposing and transfering of stand number 70832 Lobengula West, Bulawayo to a third party. The court also ordered that in the event a sale had occurred, 2nd defendant should not proceed and effect the transfer of the property to a third party. More
This is an appeal against the Respondent’s decision. The appellant was employed by the respondent as a technician. In the course of his duty he went to work on a fault at Peterhouse, whereas the papers said that he worked at Dombi Farm. It was found out that the Appellant’s papers were not in order. Investigations were instituted. He was asked to write a report and he did. Later he was asked again to write a more detailed report. He refused and referred the investigator to the earlier report. Investigations established that no work was carried out at Dombi Farm. More
On 14 April 2019, appellant Echebel Mudadirwa, was convicted for contravening s 113 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for theft of trust property and was sentenced to 12 months imprisonment of which 2 months imprisonment was suspended on condition of future good behaviour, of the remaining 10 months imprisonment, 6 months imprisonment on the further condition of restitution, the balance of 4 months imprisonment was suspended on condition that the appellant completes 140 hours of community service. More
