This is an appeal against the decision of the National Hearing Committee of the respondent company which confirmed the appellant’s dismissal on charges of violating the respondent’s code of conduct. In particular it was alleged that the appellant contravened sections 3(8) (1), 3 (8) (viii), 4(10) and 4(11) of the respondent’s code of conduct.
The brief facts of the case are that appellant was employed by the respondent company as a counter clerk based at Chitungwiza post office. On the 12th of February 2011, whilst on duty the appellant is said to have been involved in a misunderstanding with a... More
The Appellant was dismissed from the Respondent’s employment for absence from work for a period in excess of seven (7) days without either advising the Line Manager or having satisfactory reason. This was a violation of the applicable Code.
It is not disputed that the Appellant was absent from work for the period between 25 October 2008 and 7 November 2008 (thirteen 13) days). More
This is an appeal against conviction and sentence. The appellants were convicted after a trial, of attempted murder as defined in s 189(1)(b) as read with s 47(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. They were each sentenced to 5 years imprisonment of which 2 years imprisonment was suspended for 5 years on condition of good behaviour, leaving an effective imprisonment period of 3 years. More
The matter was placed before me as an application for review. The application is premised on Rule 20 of the Labour Court Rules, 2017. Although the application was filed and served on 1st and 2nd Respondent on the 13th of September 2019 both 1st and 2nd Respondent had not filed Notices of Response to the application in terms of the Rules of Court. The Registrar of Court proceeded to set down the matter as compelled by Rule 28 of the Labour Court Rules, 2017: Statutory Instrument 150 of 2017. On the date of hearing however 1st Respondent appeared in person... More
The applicant appeared before a magistrate sitting at Bulawayo on the 29th of June 2022 facing allegations of contravening section 49 of the Criminal Law Codification and Reform Act (Chapter 9:23), culpable homicide. Applicant pleaded not guilty. He was convicted pursuant to a full trial. He was sentenced to 2 years imprisonment. Dissatisfied with the sentence the applicant filed a notice of appeal against sentence only with this court. More
On the 8 of June 2021 I dismissed the application for a declaratur herein with no order as costs. This was on the basis that the declaratur could not be granted under the contradicting factual circumstances averred by applicant and respondent regarding the applicant’s obligations to the respondent. More
On 12 February 2013, the respondent issued a purchase order to the appellant for the supply by the latter of 2 x 12KV vacuum circuit breakers. Early in the morning on the following day, the respondent sent an email to the appellant instructing it to hold any further transactions on the order until further notice. A series of emails was exchanged by the parties, with the respondent insisting that the order be put on hold and that it had in fact cancelled the order. On the other hand, the appellant insisted that it had already placed an order with its... More
The plaintiff sued the defendant for payment of the sum of $236 520-45 together with interest from 18 November 2013 being the date of demand and costs of suit on a legal practitioner and client scale. More
Applicant seeks vindication of vehicles it allocated to respondent for his use during the course and scope of his employment. Respondent argues that the vehicles are now his in terms of his contract of employment. More
This judgment relates to an application for condonation of the late filing of a founding affidavit in an application for rescission of judgment and an application for the rescission of the judgment which was made in the respondent (employee’s) favour in default of the applicant (employer). More
This is an application for rescission of a judgment handed down in a case where the respondent employees had applied for quantification of damages due to them following an order by the Labour Court that they be reinstated to their original positions without loss of benefits and pay.
Background to the matter is that the respondents who were in the applicant’s employ were charged with acts of misconduct at the workplace. Following their disciplinary hearing they were dismissed from employment. They appealed against their dismissal and ended up at the Labour Court appealing against that dismissal. At the Labour Court... More
This is an application for rescission of default judgement.
The background facts are that on 22 September 2020 the applicant was served with a copy of summons issued by the respondent. On 24 September 2020 the applicant entered an appearance to defend. On 27October 2020 the applicant filed its plea and counter claim. On 4 December 2020 this court granted a default judgment against the applicant for failure to file a plea. This was clearly as a result a result of misfiling by the Registrar’s office hence the plea and counter claim were not recorded at the time the Court... More
This is an urgent chamber application for an interdict for stay of a disciplinary hearing before the first respondent pending an appeal which is before the second respondent. The background to the application is as follows. On 7 August 2018 MUREMBA J granted a provisional order under Case No. HC 7145/18 (hereinafter referred to as “the order”)which suspended the decision and directive of the first respondent dated 26 July 2018. The order was made pending the applicants’ appeal dated 3 August 2018 before the second respondent and interdicted the first respondent from interfering with the normal day to day business... More
This case demonstrates what befalls a matter between various parties if it is not pursued to finality expeditiously. It also shows what a change of legal practitioners entails where subsequent practitioners have no inkling of the previous processes. More
