This is an appeal against the award by honourable arbitrator Gurupira handed down on 27 October 2014.The Claimant was employed by the respondent as a General Manager Administration and statistics. He was employed from June 2006 to June 2013 when his contract was terminated.
The arbitrator noted that there was no contract but from the payslip, he noted that he was entitled to a basic salary, club/gym allowance and a car benefit, and a 10% commission as per a memo communicated on 20 December 2010. A fuel allowance was also due and there was evidence that it had been cut... More
The first respondent is a former employee of the applicant. On 12 February 2016 he obtained an arbitral award against his former employer, the applicant. On 4 July 2017 the first respondent had the arbitral award registered as an order of this court under case number HC 1753/16. On 16 October 2017 he had a writ of execution issued by the registrar of this court and this resulted in the Sheriff attaching the applicant’s movable property on 18 October 2017. The property was due for removal on 23 October 2017. More
This is an appeal against the decision of an arbitrator which ordered the reinstatement of the respondent or payment of damages in the alternative.
The respondent was a branch manager based at the Mubaira branch of the appellant. His duties included driving company hearse. On 14 June 2014 while returning from a funeral driving a company hearse the respondent was involved in an accident.
He was charged in terms of section 4 (a) of the Labour (National Employment Code of Conduct) Regulations 2006 S I 15 of 2006 “the Code”. It was alleged he took five hours to travel a... More
This is an appeal against the decision of the Appeals Committee of the National Employment Council for the Commercial Sector which found the respondent not guilty of the allegations of misconduct that he was facing.
The facts are largely not in dispute. The Respondent was driving the appellant’s vehicle when on 14 April 2014 at about 0530 hours he was involved in an accident along the Chitungwiza road. The appellant overshot the roundabout and hit the Kerb. He caused damage to his employer’s vehicle in that both right-side tyres of the vehicle were damaged. More
The background facts are that there is no specific National Employment Council for the Funeral Sector. To date appellant and its employees have been regulated by the National Employment Council for the Commercial Sectors of Zimbabwe SI 45/93. Respondent was registered as a trade union in 2005 in respect to the interests in the funeral services and assurance undertakings. Attempts by respondent to negotiate on the formation of an N.E.C. for the Funeral Sector and thereafter negotiate conditions of employment, were unsuccessful due to non cooperation from the Zimbabwe Association of Funeral Assurers (ZAFA). Respondent brought a complaint before the... More
This is an application for the stay of execution of an award granted by arbitrators. It is opposed. The application was made in terms of section 92E (3) of the Labour Act [Chapter 28:01] (The Act). Parties appear to agree that the figure set by the arbitrators as the appropriate salary needs to be discussed further. This can only happen while the arbitral award has been suspended. If the award is not suspended the respondent has the right to enforce it. More
MUSARIRI, J:
On 4 August 2015 at Harare, Arbitrator B Mudiwa issued on arbitration award. He ordered appellant to reinstate respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The grounds of appeal complained that,
“1. The Honourable Arbitrator grossly misdirected himself on the facts and evidence in circumstances amounting to a misdirection of law including but not limited to the following
a) That the appellant assigned the respondent drivers to drive him about;
b) That respondent took no action for the period ranging from December 2012... More
On 7 October 2020 the High Court handed down judgment in an application made by the first and third respondents in terms of r359(8) of the High Court Rules, 1971. It set aside the Sheriff’s sale of a property known as lot 8 Brooke Estate, Harare,in execution of a judgment in favour of Standard Chartered Bank Limited and granted the first, second and third respondents three months to either satisfy the judgment debt or find another purchaser willing to pay more than USD260 000.00 for the same property. More
The appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to a fine US$400 or in default of payment three months imprisonment. He appeals against condition only.
At the hearing of the appeal the appellant abandoned the first two grounds of appeal and relied on the only two remaining grounds.
The first of the two remaining grounds stated that;
“The court a quo misdirected itself in disregarding appellant’s defence that he was given the service stationas an exit package by his employer, which defence was most... More
The above matters were filed as case numbers HC 3855/09, HC 3846/09 and HC 3891/09. At the hearing of the matter, the parties agreed that the matters be consolidated as all the matters raised the same issues. I consolidated all three matters.
The background to the matters is that the applicants bought residential units from the first respondent in a cluster housing scheme being developed by the second respondent on land owned by the first respondent. They also entered into building contracts with the second respondent. More
The facts of this matter together with the documentary evidence to be considered by the court having been agreed on by the parties, I directed with the parties’ consent that the matter proceeds as a special case. The plaintiffs and first and second defendants proceeded to file heads of argument making ready the case for determination. More
This is an application wherein the applicant seeks an order reinstating the appeal under cover of case number HCA 49/20 which was deemed to have been abandoned because of the applicant’s failure to serve the Clerk of Court with a copy of the notice of appeal issued by the Registrar of the High Court. More
On 25 August 2008, the applicant presented, with the Registrar of this court, an Election Petition to set aside the Presidential Election and the subsequent Presidential Run off whose results were announced on 29 June 2008. He simultaneously filed the present application seeking condonation for the late presentation of the election petition. The basis for the application is found in paragraph 23 of the applicant’s founding affidavit. More
The applicant seeks interim relief couched in the following terms:
“TERMS OF INTERIM RELIEF SOUGHT
Pending the final determination of this matter it is ordered that:
1. The operation of the purported termination of Applicant’s Content Distribution Service License Number CD 0004 through a letter dated 22 August 2017 signed by Second Respondent on First Respondent’s letterhead be and is hereby suspended.
2. Applicant shall be entitled to enjoy the full rights and benefits of its license as if the said letter of 22 August 2017 does not exist.
3. Applicant shall be entitled to distribute the Econet Media Limited... More
This is an application for review of the proceedings of the Health Services Board held on the 27th March 2020. The applicant was employed by the Government of Zimbabwe as a medical practitioner and was stationed at Chitungwiza Central Hospital. He was involved in act of misconduct and was charged and tried in terms of the Labour National Employment Code S. I. 15 of 2006. At the trial before the Board the applicant did not object to the application of this Code. In this application he is challenging its application. The challenge is on the ground that the applicant is... More
