This is an application for quantification of back pay and damages in lieu of reinstatement. On 17 June 2015 this court allowed an appeal by the applicant in default of the respondent’s appearance. The court ordered the respondent to reinstate the applicant to her original position without loss of salary and benefits with effect from the date of unlawful dismissal. In the event that reinstatement was no longer tenable the respondent was to pay damages in lieu of reinstatement the quantum of which was to be agreed upon by the parties failing which either party could approach the court for... More
This is an apposed application for review in which the applicant seeks an order in the following terms;
“IT IS ORDERED THAT:-
1. The Distribution Plan authorised on the 3rd of March 2009 be and is hereby set aside.
2. That the inventory for the immovable properties of the deceased is hereby amended to include property No 10 Lomagundi Road, Avondale Harare.
3. The Master of the High Court is hereby authorised to distribute the Estate of the late Edmond Gonese in accordance with s 68F of the Administration of Estates Act [Cap 6:11] .
4. First respondent is to... More
On 14 November 2017 plaintiff issued summons for the eviction of the first and second defendants and all those claiming occupation through them from a piece of land known as subdivision 4 of Lot 1 of Buena Vista located in Goromonzi. More
This is an ex-parteapplication for an urgent hearing of an appeal filed on 21 February 2014. Applicants were employed by Respondent. It is alleged that Respondent sought to unilaterally transfer them to National Eye Security (Pvt) Ltd without compliance with section 16 of the Labour Act. The transfer was challenged before an Arbitrator who quashed it and ordered Respondent to reinstate Appellants or pay damages in lieu of reinstatement. Respondent appealed but the appeal was dismissed with costs on a higher scale on
11 July 2012. More
This judgment addresses the points in limine raised by the appellant and by the respondent at the commencement of the hearing of the main merits of the appeal. More
This is an appeal against the decision of the respondent company’s disciplinary hearing committee which dismissed the appellant from its employment on allegations that he had contravened the industry Code of Conduct, in particular that he had wilfully disobeyed a lawful order. More
The plaintiff issued summons against the defendants claiming the following:
(a) The setting aside of the agreement of sale between the first defendant and second defendant;
(b) An order directing the third defendant to transfer the rights, title and interest in Flat 196 Block 40 Odzi Flats into the plaintiff’s name; and
(c) Costs of suit against the first and second defendants jointly and severally, the one paying the other to be absolved. More
This is an appeal against the decision of the Arbitrator who confirmed the dismissal of the Appellants by the Respondent University.
Facts of the case are that; the Appellants who were employed as Information Record Clerks by the Respondent were brought before a Disciplinary Committee on allegations of conducting themselves in a manner inconsistent with the conditions of their employment and fraud in contravention of the National Code of Conduct SI 15 of 2006. More
The matter was heard in Mutare in May 2010. The parties by consent agreed to file Supplementary Heads of Argument. The court would thereafter hand down judgment on the basis of the written submissions. After the date of hearing the record got misplaced in the registry. It was only referred back to me in July 2013 for hand down of judgment. Any inconvenience to the parties is sincerely regretted.
The Appellant was employed by the Respondent as a Security Sergeant and had been employed in that capacity for 10 years. He was suspended from employment on 22 October 2003 on... More
The matter was heard in Mutare in May 2010. The parties by consent agreed to file Supplementary Heads of Argument. The court would thereafter hand down judgment on the basis of the written submissions. After the date of hearing the record got misplaced in the registry. It was only referred back to me in July 2013 for hand down of judgment. Any inconvenience to the parties is sincerely regretted.
The Appellant was employed by the Respondent as a Security Sergeant and had been employed in that capacity for 10 years. He was suspended from employment on 22 October 2003 on... More
[1] This is an appeal against the order of the High Court discharging with costs a provisional order granted in favour of the appellant on 17 June 2014. More
The material background facts to the matter are as follows. The 1st Respondent on 5 May 2021. referred to Applicant a claim for unfair dismissal. This was based on allegations that he had been verbally dismissed by 2nd Respondent’s General Manager. The Applicant submitted before Applicant that he had been employed as Operations Compliance Manager. He had worked for 2nd Respondent for more than 34 years. He was due to retire in November 2020 after attaining the age of 65 years. He was however verbally terminated on 30 April 2020. Applicant was therefore claiming an unfair termination as the 2nd... More
This is an urgent chamber application wherein the applicant seeks an order on the following terms:
“Interim relief sought
That pending the determination of this matter, the applicant is granted the following relief:
1. The 1st and 2nd respondents and all those claiming through them be and are hereby ordered to suspend all mining activities at Parameter B 16 to 19 and to vacate the same forthwith.
2. The 2nd and 3rd respondents be and are hereby ordered to provide the applicant with protection and ensure that applicant is granted access to its Parameter B16 to B19 mining claims Inyathi. More
In this application, referred to this court pursuant to the provisions of s 175(4) of the Constitution, the applicant seeks the following order:
1. It is declared that the prosecution of the applicant Jabulani Sibanda in respect of his address to war veterans and others at Herbert Mine, Mutasa District, on 27 October 2014 is unlawful in that it is in violation of ss 60 and 61 of the Constitution of Zimbabwe.
2. No propagation and expression of one’s ideas and opinions should be subjected to prosecution under s 33(2)(b) of the Criminal Law (Codification and Reform) Act.
3. That... More
