This is an appeal against the decision of the arbitrator where he ruled that the appellant employees be paid overtime which was due to them and that the rate to be used for payment of their field duty danger allowance be $5-00 per day a figure to which it was reduced by the works council meeting of 10 July 2009 down from the previous $15-00 per day.
The employer opposed the appeal on the basis that the arbitrator was right to hold the employees to the works council document because same was negotiated on their behalf and they could thus... More
This is an application for leave to execute pending determination, by the Supreme Court, of the appeal against this court’s judgment under HH 339-18. More
The applicant is a police officer. He was charged with acting in a manner likely to bring discredit to the Police Force in contravention of para 35 of the Schedule to the Police Act [Cap 11:10]. A perusal of the record of proceedings shows that he was caught red handed in a police trap after demanding and receiving a bribe. He was searched and found in possession of the bait money. More
This is an application for condonation of late filing of an application for review.
The applicant was employed by the Ministry of Health as a pharmacy technician based at Mpilo Central Hospital. On 30 November 2012, he applied for manpower development leave in terms of section 40 (3) of the Health Service Regulations, Statutory Instrument 117 of 2006. He had been accepted at the University of Limpopo to study for a Pharmacy degree from 28 January 2013 to 27 January 2017.
In support of his application for the manpower development leave, the applicant pledged to be bonded for four years... More
This matter is an application for review.
The applicant appeared before a Magistrate sitting at Mbare Magistrates Court facing a charge of fraud as defined in section 136 (a) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
He was charged with Wayne Victor Moss who was the first accused while the applicant was the second accused. More
The appellant in the case was charged with contravening paragraph 24 of the 1st Schedule of the Public Service Regulations 2000. It is alleged that he left his place of work at the Passport Centre and went to Makombe Building where he was caught by an investigating officer whilst assisting a member of the public to apply for a passport and that was inconstant with the discharge of his official duties and it was also in violation of the Registrar General’s Circular No 1 of 2005. More
On 4 May 2021 the courtgranted the following order with the consent of the parties:
“IT IS ORDERED BY CONSENT THAT:
1 The 1st respondent be and is hereby interdicted from constructing permanent structures, installing any irrigation infrastructure and planting any crops on subdivision 5 of Carnsmore Farm, Mazowe until the action in case number C148/2020 filed at Concession Magistrates Court by the applicant is finalised.
2 1st respondent to pay costs of suit.”
The court proceeded to give an ex-tempore judgment. Written reasons have been requested. These are they.
The applicant filed an Urgent Chamber Application for the following... More
This is an application for the registration of an arbitral award.
The facts which are common cause are as follows;
On 29 July 2012 an arbitrator handed down an arbitral award in favour of the applicant. The respondent filed an application for review with the Labour Court on 22 August 2012. The applicant filed this application on 7 September 2012. More
Applicant is the only surviving son to the late Zephania Nkomo (also known as Zephania Jones Nkomo) ( the deceased), born out of a marriage in terms of civil rites to Diana Nyasha Nkomo, nee Mutambabende (Diana) ( now deceased) in terms of the Marriage Act 1964. The marriage was solemnized by a Minister of Religion on 27 of August 1977. On 25 September 1987, deceased entered into a marriage with first respondent. Diana died on 10 September 2000. The deceased’s estate is being administered by firth respondent through the second Respondent. first Respondent approached firth Respondent’s office claiming to... More
The applicant, a 19 year old young man was convicted on his own plea of guilty to having sexual intercourse several times and on diverse occasions with a young person aged 15 years until she fell pregnantin contravention of section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The Regional Magistrate sentenced him to the minimum mandatory sentence of 10 years because he had been found to be HIV positive in terms of s 80 of the same Act. Aggrieved with the sentence he duly noted an appeal to this Honourable Court under case number CA947/15. He... More
This is an appeal against sentence. At the time the appeal was heard the appellant was out on bail. He was granted bail pending appeal within one week of having been sentenced. More
This is an urgent chamber application for stay of execution of a writ of execution against movable and immovable property issued by this court on 11 February 2022 under case number HC 1880/06 at the instance of the 1st respondent pending the determination of the legality of that writ of execution on the grounds that the judgment debt has already been satisfied in full. More
Appellant appealed to this Court against his dismissal from employment as a Revenue Officer by Respondent. The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
Applicant applied to this Court for leave to appeal its judgement to the Supreme Court. The application was made in terms of Section 92F of the Labour Act Chapter 28:01, hereafter called the Act, as read with Rule 43 of the Labour Court Rules, 2017, Respondent opposed the application. More
