This is an appeal against the decision of the N.E.C. Banking and Industry undertaking where it ordered the now Appellant to reinstate the Respondent without any loss of salary and benefits.
Facts of the case are that Respondent was employed as a crown banker with the Respondent’s Newlands branch at the time of the alleged misconduct. She is said to have on separate occasions processed a fraudulent transaction and failed to verify a client’s signature resulting in the branch losing US$2,300 and $8,500 respectively. As a result of the above conduct she was charged with a contravention of section 11... More
The Respondent, an employee of the appellant was embroiled in a dispute with his employer. The Respondent was employed at the Appellant’s Treasury department. More
The issues herein arise from the implementation of a 2010 collective bargaining agreement in the banking sector. The dispute between the parties relates to the increments payable to the applicant’s members. The dispute was referred to an arbitrator who made an award on 25 June 2010 in favour of the applicant, holding the respondent guilty of an unfair labour practice and ordering it to pay the sum of US$491,645. More
The applicant seeks an order declaring that the premises from which the applicant operates are not “commercial premises” as defined in the Commercial Premises (Rent) Regulations 1983 S.I. 676 of 1983 and an order that the applicant has lawfully terminated the mooring contract that it had with the respondent. The applicant also seeks an order directing the respondent forthwith to remove his boats, including the Ambuya Dambudzo from Marineland harbour, and should be fair to do so the sheriff or his lawful deputy carries out the removal.
The respondent opposes the grant of this order. More
On 6 July 2004 the applicant issued summons against the second respondents, jointly and severally and in solidium for payment of US$900 000-00 which it alleged was overpayment of a loan advanced by the second respondent to the applicant for onward lending to third parties. It alleged that in terms of the agreement between the parties the second respondent would receive repayments directly from third parties and if any overpayment occurred such would be refunded to the applicant. More
This is an appeal against the decision of the Provincial Director Matebeland North sitting as a Mining. Commissioner`s Court at Manicaland Province. The sitting of the Provincial Commissioner’s Court was a result of an order rendered by MUZENDA J by consent of the parties under HC 203/18 on 18 September 2019. Said order provides in the main as follows:
HC 203/18 and HC 212/18 were referred to the Permanent Secretary of the Ministry of Mines and Mining Development for the appointment of a Provincial Mining Commissioner, other than the Provincial Mining Commissioner Manicaland. More
This is an application to compel discovery and the filing of pre-trial documents in HC 13081/12. The respondent has raised the preliminary point that the application is fatally defective for want of the correct form. Further, she submits that the application is improperly before the court, the main matter having been struck off the roll and no application for reinstatement having been made. More
On 20 August 2013 Arbitrator T R Madzimure issued an arbitration award. He inter alia ordered appellant to reinstate respondent in its employ. Appellant then appealed to this court against the award. Respondent opposed the appeal. More
In this matter the applicant sought on an urgent basis an order for stay of execution of a judgment granted in favour of the respondent by this honourable court under case number HC 510/10. I dismissed the application with costs on the legal practitioner and client scale and indicated then that my reasons for doing so would follow. These are they. More
Kings’ Daughter Mining Company UK Limited [“KD”] is a company registered in the United Kingdom. It is the applicant in these proceedings. It is the sole shareholder of the first respondent[“Redwing”]. Redwing is a mining company registered in Zimbabwe. It is under corporate rescue in terms of the Insolvency Act [Chapter 6:07]. It was placed under corporate rescue by an order of this court in HC 99-19. Such placement was at the instance of the first respondent’s workforce, represented by their trade union, the second respondentherein [“the Trade Union”]. The fifth respondent [“Madondo”] was appointed the corporate rescue practitioner. The... More
This is an application for condonation to file a review application which is being sought to be filed outside the 21 days prescribed by law. The application is opposed. A preliminary point was raised by the respondent. In their challenge of the application, the respondents stated that the application for condonation should be struck off for not being properly before the Court on the basis that the applicant seeks condonation to file a review against a default judgement. More
On 12 September 2013 at Harare, arbitrator M C Kare issued an arbitration award. He ordered the dismissal from employment of appellant by respondent. Appellant then appealed to this court against the award. Respondent opposed the appeal. The appeal raised three (3) issues which I will deal with seriatim. More
On 26 October, 2017, I granted the following interim relief on the Provisional Order sought by the applicant on an urgent basis:
“Terms of the Interim Order granted
1. That pending the finalisation of the Distribution of Estate Late Henry Machingambi DR 2447/15, 1st, 2nd and 3rd respondents are interdicted from performing the following at Townlands Farm Masvingo;
a) Removing cattle from Townlands Farm, Masvingo.
b) Granting permit allowing removal of cattle from Townlands Farm Masvingo.
c) Clearing cattle for movement from Townlands Farm Masvingo.
d) To refrain from operating the abattoir.
e) Andif any cattle had been moved to... More
This is an application for an interdict, suspending the Mayor and Deputy Mayor for Chitungwiza (2nd and 3rd respondents) from conducting mayoral duties and from receiving benefits in those respective capacities. The applicant is the losing candidate in the Mayoral elections for the Municipality of Chitungwiza which were held on the 4th September 2018. He is an elected councillor in that same district representing the Zanu-PF political party. The 2nd and 3rd respondents who are members of the Movement for Democratic Change Alliance won the posts of Mayor and Deputy Mayor in the District of Chitungwiza. The applicant has filed... More
This is an application for the setting aside on review of the termination of the applicant’s contract of employment with the second respondent and the disciplinary proceedings which resulted in the termination of employment. Applicant also seeks reinstatement to the position of Country Representative without loss of salary and benefits from 1 May 2019, and costs of suit on the attorney-client scale. Applicant alleges gross irregularities in the proceedings, bias and gross irrationality as the grounds of review. The application is opposed by the respondents. At the hearing of the matter I heard submissions in respect of both the objections... More
