This is an appeal brought in terms of section 98(10) of the Labour Act [Chapter 28:01] against the arbitral award issued per Clara Tanyaniwa N.O. on the 5th day of March 2024. The appeal is opposed. More
The applicant seeks an interdict against the respondent in the following:-
“(1) The respondent be and is hereby interdicted from disposing of the applicant’s agricultural equipment in its possession per Annexure “A” to this application by public auction on 23 July 2011, or at any subsequent date except pursuant to a court order obtained from a court of competent jurisdiction.
(2) The respondent shall (bear) the costs of this application”. More
Plaintiff and Defendant were married in terms of the Marriage Act [Chapter 5:11] on 8 September 2007. On 7April 2007 their daughter, Chesla Rufaro Katambarare was born. On 28March 2018, plaintiff issued out summons claiming a decree of divorce and ancillary relief. In seeking the dissolution of the marriage the plaintiff alleged that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no prospects of restoration to a normal marriage relationship in that:-
a) The plaintiff has lost love and affection for the defendant.
b) The parties have been living separate lives... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal was made in terms of section 92D of the Labour Act [Chapter 28:01]. The grounds of appeal were initially quadruple. Appellant then abandoned ground 1, 3 and 4 leaving only ground (2) two for determination. Ground (2) two is quoted thus as follows:
“Both the hearing officer and the appeals Committee failed to note and casted a blind eye on the contradictions between the charge sheet at the loss controllers report and the subsequent apologies by the loss controllers thereof. In the circumstances the hearing officer... More
The matter was set down as an application for quantification of damages. On the set down date both parties appeared. The respondent’s counsel submitted that the respondent was not opposed to the granting of the quantification as prayed for by the applicant. Consequently the court made an order by consent on the quantification matter.
When the parties were stood down the applicant indicated that she had forgotten to request the court to order that the respondent pay for the motor vehicle licence and insurance for the motor vehicle which she was using as part of her benefits more so now... More
This is an appeal against an arbitral award handed down on 1 April 2015 which set aside the dismissal of the respondent from appellant’s employment, and substituted it with a final written warning. More
This is a clear case in which the arbitral award cannot be allowed to stand.
Respondent was employed by appellant as head of department. Following allegations of misconduct, respondent was brought before a Disciplinary Authority which found him guilty and recommended his dismissal. An appeal to the Appeals Officer did not yield the desired results. Respondent approached the labour officer and the matter was subsequently referred to arbitration. The arbitrator found in favour of the respondent and the appellant has appealed to this court. More
This is an application for rescission of a default judgment issued by JUSTICE CHIDZIVA on 12 February 2016. The facts of the matter are common cause. On the date of the hearing, that is 12 February 2016, both parties did not attend the hearing. It is also common cause that the respondent had not received notice of the hearing. However, applicant had been served through its erstwhile legal practitioners. The Court proceeded to grant a default judgment in the circumstances. Applicant thus applies for the rescission of that default judgment. I should also mention that applicant has since changed its... More
On 20 November 2013 I issued an order sitting in Chambers directing the Senior Labour Officer to refer the matter to arbitration within 30 days of the order. On 3 January 2014 Applicant wrote to the Registrar requesting for the reasons for that order. The following are the reasons for that order. More
The intriguing legal issue raised in this application is whether or not a deceased during their life time can donate inter vivos an immovable property registered in the name of a company and if so, the legal consequences arising therefrom.
[2] The facts of this matter are presented very simply by the applicant. She is the daughter of the later Matthew Chimbgandah (the deceased) who passed away on the 14th of March 2019. His estate under DR. 805/19 is being administered by the 1st respondent in his capacity as the executor. More
This is an opposed application for leave to appeal against a judgment of the Labour Court in which it up held a preliminary issue raised by the respondent and struck the applicant’s application for rescission of a default judgment off the roll. More
The respondent was employed by the appellant as a bank teller. He was, at the material time, based at the appellant’s Masvingo Branch. The respondent and a workmate, one Happymore Muzara, had joint responsibility for the appellant’s two ATM machines, installed at the Bank and Building Society divisions. The machines were within easy walking distance of each other.
The respondent and Muzara exercised what is referred to in the record as joint custodianship of the ATM machines. Their responsibilities included loading cash into the machines, and ensuring that the transactions carried out balanced. Any deficit or surplus had to be... More
This is an appeal against the decision of the National Employment Council Appeals Board for the Banking Undertaking (Appeals Board) handed down on 14 October 2014. The Appeals Board set aside the dismissal of the respondent from employment, and ordered that she be reinstated without loss of salary and benefits. More
This is an appeal against the decision of the NEC Banking and Undertaking Appeals Committee (N.E.C) which set aside the decision of the Grievances and Disciplinary Committee(G.D.C.) and ordered that respondent employee’s dismissal from employment be set aside and that she be reinstated to her original position without loss of salary and benefits. More
