This is an appeal against an arbitral award delivered on 5 January 2016. Appellant is aggrieved by the part of the award that refused her back pay up to the time the employer made the election to pay damages in lieu of reinstatement and also the part that dismissed some special and punitive damages and benefits. The arbitral award in issue states that on 10 March 2014 an award was given which ordered in paragraphs 6 and 7.
“6. That the claimant be and is hereby reinstated More
This is a rather unusual matter in which one of the issues to be resolved by this court relates to a maternity dispute. I must confess that I had for long labored under the mistaken belief that only paternity can reasonably be expected to be in dispute. More
On 25 March 2011 the plaintiff issued summons against the defendants in which he claimed:
“(a) Payment of the sum of USD14 850.00 due to the plaintiff, arising from damages which are a result of a collision between plaintiff and 1st defendant. Which collision was occasioned by 1st defendant’s negligent driving, whilst in the course of his work and scope of his authority with the 2nddefendant. The sum represents the damages plaintiff suffered.
(b) Interest thereon at the rate of 5% per annum from the date of issue of summons up to the date of full payment.
(c )Costs of... More
This is an application for condonation of the late noting of an appeal by the applicant in cases which pitted them and the respondent employer. Judgment was reserved in June 2015 on the understanding that the parties would file their heads of argument after the court had heard oral submissions. The applicants’ heads were not forthcoming until 17 March 2016 when there were brought before the court. On their face they are stamped 23 June 2015 but they did not find their way to the court in time for it to rule on the application. This explains the inordinate delay... More
Applicant applied for the review of disciplinary proceedings against him which were conducted by Respondent. Respondent opposed the application. During oral argument Applicant based his case on the improper composition of the disciplinary committee. Respondent conceded, and rightly so, that the committee was improperly constituted. Such a committee has no authority to conduct disciplinary proceedings, let alone to dismiss an employee. Authority for this proposition is found in the dicta of Sandura JA (as he then was) where he stated that an improperly constituted disciplinary committee “was a fatal irregularity which vitiated the proceedings.” More
This is an application for absolution from the instance at the close of the plaintiff’s case.
The factual background to this case is that on 12th September 2017, the plaintiff caused summons to be issued out of this court against the defendant. In his claim, plaintiff sought payment of the sum of US$150 000 being damages for malicious prosecution arising from plaintiff’s prosecution in the Magistrates’ Court. Plaintiff claims that the prosecution was at defendant’s instigation and that there was no reasonable or probable cause for his prosecution, which was activated by malice. The plaintiff was acquitted on the criminal... More
The facts of this case emanate from the effects of the Covid-19 pandemic. The pandemic had worldwide implications. The Respondent was obliged to close the doors to several of its hotels. Employees were required to stay at home. Respondent continued up to some stage to pay these employees when they were not offering any work. The record shows that the Respondent had several meetings with the employees’ representatives. Respondent resorted to paying 50% of the wages. It is also common cause that Respondent later retrenched a sizeable of the employees after having notified the Retrenchment Board which Board approved the... More
This is an application for rescission of a judgment of this court entered in default in favour of the first respondent on 26 June 2008 in terms of which the eviction of the applicant and those claiming occupation through him from premises known as 1495 Chiwaridzo Township Bindura was ordered together with costs of suit. More
Appellant worked for Respondent as the Packaging Unit Manager based in Harare. He was found guilty of misconduct and was dismissed from employment. He appealed against the dismissal to Respondent’s Appeal Officer who turned down the appeal. Appellant then appealed to this Court. Respondent opposed the appeal.
The grounds of appeal were four-fold. The first ground alleged violation of “audi alteram partem principles”. It was averred that Appellant was convicted of an offence which was not charged. The complaint dealt with matters of procedure as opposed to substantive matters on the merits. I consider that such procedural issues cannot found... More
The appellant was convicted on 20 September 2010 of contravening section 65 of the Criminal Law Codification and Reform Act [Chapter 9:23]. He was sentenced to 10 years imprisonment of which three years were suspended on condition of good behaviour. More
This is an appeal against the determination of the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (GDC), which upheld the dismissal of the appellant from the respondent’s employment. More
Appellant worked for Respondent as a Meat Inspector based at Chivhu General Hospital. He was charged with misconduct (corruption and incompetence). A hearing was held which led to his conviction and dismissal from employment. Appellant appealed against his dismissal but Respondent dismissed the appeal. Appellant then appealed to this Court. More
On the 6th May 2021 at Harare the Designated Agent (DA) A. Masiya made a determination. He ruled that Appellant had been fairly dismissed from employment by Respondent. Appellant then appealed to this Court against the determination . Such an appeal is provided for by Section 92D of the Labour Act Chapter 28:01. More
On 20 December 2018, the appellant appeared before the Provincial Magistrate Mutare facing Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on 1 August 2018 and at Zimunya Business Centre, Mutare, the appellant and other unknown accomplices all and each one or more of them unlawfully pulled Ronald Mhlanga to the ground, hit him with a metal object on the neck forcibly grabbed his neck in order to steal Ronald Mhlanga’s black shoes, solar light, sun hat and $13.50. He pleaded not guilty but was convicted after a... More
DUBE-BANDA J: This is a court application for extension of time within which to file leave to appeal. The application was filed on 6 October 2020. Respondent filed a response on 20 October 2020. Applicant filed heads of argument on 23 October 2020. This matter was set-down for 12 November 2020. It was postponed to 26 November 2020. On 26 November, the matter did not take off. On 17 February 2021, I informed the parties, via the office of the Registrar that I intended to dispose of this matter on the papers, without oral submissions. I directed that parties file... More
