:After hearing argument in this matter I dismissed the applicant’s application with costs pegged on attorney – client scale. I indicated my elaborate reasons would follow. Here they are:-
BACKGROUND The applicant and the respondent were both co-shareholders and co-directors in a company called GRAPHIC AGE (PRIVATE) LIMITED, a company duly registered in accordance with the laws of this country.
In December 2006 the applicant resigned as Director of the company and the respondent, in accordance with the parties’ shareholders’ agreement swiftly moved to exercise his pre-emptive rights to acquire the entire shareholding in the company. This, he did after... More
Mr Hungwe of Messrs Hungwe and Partners legal Practitioners, Harare is the duly appointed executor in the above referred estate. The executor has been involved with this estate from 2005 up until now. Counsel has yet to draw up the final estate account.
It is noted that this estate has been quite involving as it necessitated quite some protracted litigation in order to trace and fully account for some of the state assets. More
This is an application for the rescission of a judgment of my own that I gave on 24 September 2009 in favour of the applicant’s regarding the legality of the registration of various mining claims in the names of the applicants. It is important that I set out the order which I gave then and what thereafter occurred leading to the present proceedings. More
On 20 May 2025, this court dismissed with costs on the ordinary scale, an appeal which had been launched by the appellant employee in the instant matter. On 14 August 2025 by letter to the Registrar of the Labour Court the appellant requested for the full reasons for the order of 20 May 2025. These are the reasons:-
The appeal grounds can be summarised as follows:-
1)Appellant was wrongly charged in that the conduct complained was not committed by him.
The pharmacy technician one Mandisodza who resigned is the one answerable for the theft of the drugs. He had made... More
On 23 June 2025 this court handed down order LCH479/25 which read as follows:
“Appeal being merited it be and hereby succeeds.
Cross appeal being without merit be and is hereby set aside. The arbitral award is set aside in its entirety.
In the place of the arbitral award, parties may have a relook into the conduct which they classify as unfair dismissal together with the legitimate expectation issue as a single issue, taking into account the fact that, it is the employees’ view that they had a legitimate expectation of being re engaged by the employer which gave rise... More
Appellant was employed by the Respondent at its Mutawatawa District Hospital. Allegations of misconduct were levelled against him and he was brought before a Disciplinary Committee. He was found guilty on two charges and Not Guilty on the other two. One of the charges was withdrawn during the course of the hearing. Appellant is dissatisfied with this outcome and has approached this Court for relief. Appellant’s grounds of appeal . More
This is an appeal against the determination of the Designated Agent of the NEC for the Mining Industry, which determination is dated 30th of August, 2023. The appeal is opposed.
The material background facts to the matter are as follows. The 1st to 9th Respondents were all employed by the Appellant. They were engaged in various work underground and in other areas linked to production underground. They were engaged on the basis of monthly fixed term contracts. They had served for periods ranging for at least a year and above. They were terminated upon effluxion of time of their last... More
This is an application for quantification of damages. Applicant was employed by Respondent. Allegations of misconduct were levelled against him. The Disciplinary Committee found the Applicant Not Guilty. An internal appeal by the Respondent saw the Applicant being found guilty culminating in his dismissal. Applicant appealed to this Court which upheld the decision of the Disciplinary Committee. Several applications and hearings were conducted in respect of this matter which finally landed in the Supreme Court. The Respondent’s application before that Superior Court was dismissed. This has led to the present application by the Applicant for quantification. This Court’s judgment was... More
On 12 December 2024, this Court issued a Disposal Order determining that Applicant’s intended collective job action was illegal and that it should be discontinued forthwith. Applicant is dissatisfied with that decision and intends to approach the Supreme Court for relief. This is therefore an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01). More
This is an application for confirmation of a ruling by a labour officer. The application is in terms of section 93(5a) and (5b) of the Labour Act, [Chapter 28:01]. (The Act). The application arises from a ruling where the 2nd respondent claimed that he had constructively been unlawfully dismissed. He sought to be paid damages thereof and terminal benefits. The claim of constructive dismissal was dismissed. However he was awarded terminal benefits of payment for leave days. Although he had claimed 43, 46 leave days he was granted 33, 95 as said to be admitted by the 1st respondent, the... More
Appellant was employed by the Respondent as its Managing Director. In 2018, the Auditor General was requested to carry out an audit and forensic investigation in the operations of ZESA Holdings and its subsidiary companies. The Auditor General in turn contracted PriceWaterhouseCoopers (PWC) to carry out the audit. The latter made a report to the Auditor General upon completion of the audit in January 2019. The audit report made certain findings and recommendations. In respect of Respondent’s books of accounts, it was stated that certain transactions had been made irregularly and it was recommended that Appellant be charged with misconduct.... More
After hearing submissions from both parties, I delivered an ex tempore judgment in which I dismissed the application. These are the full reasons for the ex tempore judgment.
This is an application for rescission of judgment. It arises from a judgment handed down by this court (per MAKAMURE J) on 9 August 2019, in terms of which an application for confirmation of a draft ruling made by the 2nd respondent was dismissed. More
This is an appeal against an arbitral award issued on 3 June 2015 in favour of the respondents. The respondents were employed by the appellant in various capacities. They were being paid wages below the stipulated amount resulting in them referring the matter to conciliation. The matter could not be settled at conciliation and was subsequently referred to arbitration. The arbitrator ruled that each of the respondents was underpaid by an amount of $4 495.86. Appellant was ordered to pay a total of $13 487.58 for the period June 2012 to June 2014.
Aggrieved, appellant noted the present appeal. Grounds... More
The Appellant was employed by Concorde Clothing (1975). On 6 September, 2011, the Chief Executive Officer of Concorde, Mr Patel was doing his routine visit of the operations at Bonar Industries and he saw the Appellant sitted while his colleagues were working. The Chief Executive Officer asked him why he was not working; the Appellant did not respond; he remained sitted. After a moment, he stood up, put his hands in his pocket and walked away without saying anything. More
The brief background of this matter which is generally common cause is that, applicant was in 2nd respondent’s employ as a Chief Security Officer. On the 15 July, 2020 applicant was suspended from service for contravening Section 4 (a) of the Labour (National Employment Code of Conduct), Regulations 2006, (Statutory Instrument 15 of 2006) hereinafter referred to as the Model Code. More
