This judgment relates to an application for review and an appeal. These were heard as consolidated. In my judgment, I will start off with the common background facts, and then deal with the application for review and finally the appeal. More
On 30 October 2009 the applicant company filed an urgent chamber application seeking spoliatory relief. The draft order was couched in these terms:
TERMS OF THE FINAL ORDER SOUGHT
That you show cause why an order in the following terms should not be granted;
1. That respondents or any person acting on their behalf shall be and are hereby
barred from in any way interfering with applicant’s possession and control of the portion of Friedwell Farm (that it controlled immediately before 29 October 2009), including in any way interfering with the possession by the applicant’s workers of the farm compound... More
The applicant was employed as an analysis clerk of the respondent.
On or about 24 March 2016, the applicant was suspended from duty on allegations of committing gross negligence in terms of the Code of Conduct for the Transport Operating Industry, Statutory Instrument 67 of 2012.
A disciplinary hearing was held on 14 April 2016. The disciplinary committee found the applicant guilty as charged but was deadlocked regarding the appropriate penalty.
The matter was then referred to the division operations manager. On 28 April the division operations manager confirmed the guilty verdict and pronounced a dismissal penalty with effect from... More
Plaintiff is a duly registered company that owns and operates a lodge in Kwekwe commonly referred to as Golden Acres Lodge. 1st Defendant is a Belgian national who is temporarily resident in Zimbabwe as a visitor and a Director of the 2nd Defendant. Plaintiff instituted an action proceedings against the Defendants for the payment of US$72 133.00 being the amount due and owing for accommodation provided to the Defendants as well as laundry, car hire, typing, and printing services. More
This is an appeal against the decision of an arbitrator sitting at Harare. It is trite that an appeal on a point of law only lies to this court from a decision by an Arbitrator. This is provided for in section 98(10) of the Labour Act [Cap 28; 01] (The Act).
This matter was referred to arbitration for the Arbitrator to make a determination on the following issues.
(a) Whether or not the claimants were legally on forced leave
(b) Whether or not the Respondent committed an unfair labour practice by not paying the claimed statutory obligation including wage shortfalls?... More
The Labour Court on 23 September, 2009 granted a default judgment in favour of the Respondent. On 14 July, 2010 Applicants filed simultaneously an application for condonation of late filing of an application for rescission as well as an application for rescission of judgment. More
This is an application for confirmation of two draft rulings in terms of section 93 (5a) of the Labour Act, (Chapter 28:01). Applicant was represented by Mr. Gundumura.
Mr. Gundumura, in motivating the confirmation of the application, stated that he abided by the documents filed of record and urged the Court to confirm the draft rulings. More
This is an appeal against the decision of an Arbitrator. The Appellants were employed by the Respondent on the basis of fixed term contracts. The appellants had been so employed for varied periods some dating back to 2005 and others to 2011. All these fixed term contracts were not renewed when they expired in July 2012. When the Appellants were not reengaged they were aggrieved and the matter was subsequently referred to arbitration. More
Applicant is dissatisfied with Respondent’s refusal to pay his incentives amounting to $4400.00 from the date his dismissal to the date of his reinstatement. More
The plaintiff issued summons against the two defendants claiming payment of a sum of US$ 131 046-22, interest thereon at the prescribed rate from 28 February 2014 to date of full payment and costs of suit on the legal practitioner and client scale. More
The applicant’s legal practitioners filed this chamber application headed “Chamber Application for Dismissal of Application in terms of Rule 236 (4) (b) of the High Court Rules,1971.” More
This is an application for condonation of the late filing of an appeal by the applicant employer against an arbitral award which was made in the respondent employee’s favour.
The background to the matter is that the respondent attended at arbitration on a matter where he claimed non payment of overtime worked. Conciliation efforts had failed to resolve the matter thus leading to the reference to arbitration. It was concluded that indeed respondent had to be paid overtime calculated using the documents which were tendered to the arbitrator on the quantum. More
This is an appeal against the decision of Honourable Arbitrator C Tanyanyiwa that was handed down on 22 October 2015. The award is couched as follows:
“I therefore award that the employee is entitled to the following:
(1) 90 days cash in lieu of annual leave due.
(2) Terminal benefits upon termination of the contract of employment.
(3) The employee is entitled to outstanding wage arrears during the time she was on maternity leave.
(4) The issue pertaining to non-payment of wages during the time she was on maternity leave is normally dismissed because she got paid a salary of... More
