The appellant in this matter was employed by the respondent.
She was charged in terms of the National Code of Conduct SI 15/2006 under section 4 (a) thereof. The charge was
“any act or conduct or any omission inconsistent with the fulfillment of the express and implied conditions of her contract.”
The factual allegations which led to the dispute between the parties is briefly that on or about 31 October 2015, the appellant brought some meat and other food stuffs into the work premises. She proceeded to store the same in a refrigerator at the work place. More
This is an appeal against the Disciplinary Authority’s approval of a guilty verdict and penalty as recommended by the Disciplinary Committee.
- Appellant was in Respondent’s employ as a Principal Immigration Officer. She was based at the Harare International Airport.
- On the 21st February, 2015 Appellant was on duty on the arrivals side, clearing passengers who had alighted from Fastjet Airlines coming from Tanzania as well as passengers from Johannesburg who had alighted from Air Zimbabwe flight.
- During the clearing process Appellant cleared a passenger who was travelling on a Mozambican passport, bearing the name Valentine Takang.
-... More
The applicant, a group of seventeen (17) Zimbabwean women all of whom are in the diaspora, applies for a mandamus. It moves me to:
i) prohibit the respondent from transferring or allocating any portion of the Remainder of Subdivision E of Douglousdale, Bulawayo (“the property”) which is 38, 8495 hectares in extent to any person who has not contributed to the purchase of the same;
ii) compel the respondent to furnish to it, through its legal practitioners of record, the list of all persons who contributed towards the purchase of the property;
iii) compel the respondent to notify it, through... More
The applicant in this case seeks an order interdicting and prohibiting the first and the second respondents from proceeding into the sale in execution of the assets laid under seizure and attachment on 30 April 2009 pursuant to the enforcement of a writ of Execution against property issued by this Court on 2 August 2006. More
On 15 August 2019, the High Court (the court a quo) issued a provisional order for the provisional winding up of the appellant at the instance of the respondents who are its former employees. The court a quo confirmed the provisional liquidation order by judgment delivered on 20 November 2019. This appeal is against the judgment confirming the liquidation. More
I notice that the defendant’s legal practitioner has misrepresented that she is unaware of the reasons why the court struck the appellant’s defence out at a reconvened pre-trial hearing of this matter; in circumstances where the order was given as a result of wilful non-compliance with the directions given by the court. More
At the pre-trial conference convened before me the defendant intended to apply for amendment the plaintiff raised two points in limine. I decided to write a judgment due to the long and winding background to the case.
To put the matter into perspective, I must set out its genesis. The parties appeared before MUSHORE J in a pre-trial conference. The defendant made an application to amend its plea. By order dated 5 July 2018 (it is unclear whether the year is correct or there was a typographical error because it is evident that the matter was heard in July 2017)... More
The sole issue for determination in this case is whether the first respondent is an employer within the energy industry and is thereby bound by the Collective Bargaining Agreement: Zimbabwe Energy Industry, Statutory Instrument 50 of 2012 (the CBA). The issue was placed before the Labour Court for determination and it found that the first respondent is not an employer in the energy industry and is thus not bound by the requisite CBA. This is an appeal against that decision. More
On 13th December 2012 at Harare, Arbitrator D. Mudzengiissued an arbitration award. In terms thereof he dismissed Appellants’ complaint against Respondent for failure to pay them for overtime worked. Appellants then appealed to this Court against the award. Respondent opposed the appeal.
Working hours and payment therefor in the sector Respondent operates in are governed by a CBA called Collective Bargaining Agreement: Commercial Sectors S.I. 45/93. It is common cause that Appellants worked more hours than the stipulated hours. However Respondent argued that it compensated for the overtime by giving Appellants 9 days-off every month. This was per minutes of... More
Appellant’s grounds of appeal complained that,
“1. The National Employment Council Negotiating Committee erred in failing to appreciate that the Respondent’s disciplinary process was flawed as it negated and breached the principles of natural justice by inter alia; …
2. Even assuming but not admitting that the disciplinary process was properly conducted the NEC’s Negotiating Committee (“NEC”) erred and seriously misdirected itself when it failed to address and concede the fact that Appellant had been reinstated on 17 May 2012 and accordingly was entitled to his back pay.
3. Appellant was not allowed to address in mitigation before the decision... More
The background of the matter is that the appellant is employed by the respondent as a relationship manager.
On 15 April 2008, the applicant was appointed as a manager and since his appointment in 2008, he had use of a Nissan/J85/D/CAB. He was allowed to purchase the vehicle in 2010 and in 2011 he was given a second motor vehicle, a Nissan NP300 which he continues to use to this date.
In November 2015, some 4 years later, the respondent wrote to him, the contents of which letter aggrieved the appellant who raised a grievance with the respondent. The complaint... More
The appellant was convicted for driving without due care and attention as defined in section 51 (1) of the Road Traffic Act [Chapter 13:11]. He was sentenced to pay a fine. He was unhappy about his conviction and appealed. More
This is an application for bail pending appeal. The applicant was arraigned before the Regional Court Rusape facing allegations of rape as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The applicant denied the allegation but was convicted after trial and held liable for raping a 13 year old juvenile. The applicant was sentenced to 18 years imprisonment of which 3 years imprisonment were suspended on usual conditions of good behaviour More
This is an appeal against the determination of Respondent Works Council sitting as an Appeals Committee which determination was handed down on the 20th November, 2019. The determination effectively upheld an earlier determination by the Respondent Disciplinary Committee finding Appellant guilty and imposing thereafter a dismissal penalty. The appeal is opposed. More
The three applicants in this matter are not directly connected to one another. The 1st applicant is aged 47 and employed by the Ministry of Foreign Affairs as Consul-General and was the Zimbabwean Ambassador designate to the Republic of Mozambique at the time of his arrest. The 2nd applicant is aged 42 and was employed by the Metropolitan Bank of Zimbabwe Limited as Company Secretary until his retrenchment in December 2004. The 3rd applicant is employed by ZANU-PF as a Deputy Director for External Relations. More
