On 1 September 2010 the respondent was employed as the resident director of the appellant in terms of an executive employment agreement. In terms of the contract the respondent, as representative of the Board of Directors, was responsible for the supervision and direction of policy on a daily basis. In addition, he was mandated to represent the company in relation to the appellant’s stakeholders. Some of his specified duties, in terms of the employment agreement, were to disseminate Board decisions to management, overseeing the implementation of Board decisions and providing oversight over operational and administrative issues that impinged on policy... More
The respondent was employed by the appellant as a Debtors Clerk. Her duties included amongst others, the collection of payments from debtors. During the year 2012 appellant suspended respondent on allegations of misconduct. She was subsequently arraigned before a disciplinary authority on 16th January 2013 facing allegations of breach of Sections 4(a) and 4(f) of the National Code i.e. Statutory Instrument 15of 2006. She was subsequently dismissed from employment following her conviction on the charges. Respondent noted an appeal against the determination. The Appeals Authority handed down a decision dismissingthe respondent’s appeal. More
The background of this matter is that on 1 September 2010 the Appellant signed a contract of employment with the respondent. He was employed as the Resident director. He was to direct and supervise company policy on a day to day basis. The respondent’s contract was of unlimited. duration. The respondent was entitled to various benefits some of which were not availed to him until he left service in July 2012. Respondent claims that appellant owed him $277 000,00 being outstanding arrears and benefits. The respondent then referred the labour dispute for conciliation. More
This is an application for leave to appeal to the Supreme Court against the judgment of this court that was granted by this court under case number LC/H/12/16. This court dismissed the appeal against the award by Honourable Arbitrator Shawatu that was handed down on 13 June 2015. More
The applicant and the first respondent are landlord and tenant respectively. Their relationship commenced when they concluded a written agreement in respect of certain commercial premises situate at Throgmorton House, Samora Machel Avenue, in Harare. The agreement was for a period of one year, commencing on 1 July 2006 and terminating on 30 June 2007. The second and third defendants as directors of the first respondent bound themselves as co –principal debtors under the lease agreement. More
Applicant and respondent entered into three lease agreements in terms of which the applicant leased to the respondent its premises located at 4th to 7th floors LAPF Centre, at corner Chinhoyi Street and Jason Moyo Avenue, Harare. The first of these agreements was concluded on 9 November 2004. In terms of that lease the applicant leased to the respondent the 4th and 6th floors of LAPF Centre. In December 2004, the parties concluded another lease in respect of the 5th and 7th floors in the same building. The final agreement was concluded in October 2006 and was in respect of... More
The first to the third respondents were employed by Alex Stewart International LLC (hereinafter referred as ASI), an American Company registered to operate in Zimbabwe under the company law. Owing to the sanctions imposed on Zimbabwe by the United States of America government, ASI was forced to seize operations in Zimbabwe. In order to comply with the laws of its own country ASI inter alia transferred its assets to a special purpose vehicle which is the applicant in this matter. The transfer of the assets took place on 30 June 2009. On 18 November 2010, the first to third respondents... More
This is an appeal against the decision of the Disciplinary Committee which dismissed the Appellant on grounds of contravening the Respondent’s Code of Conduct. In particular, it was alleged that the Appellant stole timber from her workplace.
Facts of the case are that the Appellant was employed by the Respondent Company as a sales person. She is said to have in the first count failed to notify her superiors timeously of the fact that customers’ timber which had been bought from the Respondent had gone missing in transit to the customer. In respect of the second count she was said... More
This matter once again brings to the limelight the lack of harmony in the marriage laws and the unfortunate consequences of the application of two parallel laws with one legal system and for the same group of people. The issue begs for urgent legislative intervention which has been sadly lacking despite numerous calls by this court and women’s groups for a resolution. More
The background to this case is that the appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegation was that the appellant induced one Lawrence Ronald Bamba, who was selling his residential Stand namely Number 7436 Manyame Park, Chitungwiza measuring 2 000m2 for US$20 000 to enter into an agreement in terms of which the complainant accepted the appellant’s Ford Courier Registration Number ABK 4297 in lieu of the full purchase price without disclosing to the complainant, the fact the Ford Courier vehicle had been fraudulently registered in... More
This is an application for rescission of a default judgment in terms of r 63 and r 449 (1) of the High Court Rules, 1971.
The first applicant is a duly registered company in terms of the relevant laws of Zimbabwe in the business of providing hunting safaris. The second applicant is a legal practitioner practicing under Ncube Attorneys, a law firm situate in Bulawayo. He is the first applicant’s legal practitioner of record. The first respondent is a district council and a corporate body. It governs the affairs of Tsholotsho District. The second respondent is a body corporate that... More
This matter makes very sad listening as it has dragged to and from unnecessarily with at one point in time the court being invited to preside over an application for leave to appeal to the Supreme Court. It is a matter where the court will refer to the parties as employee and employer for ease of reference and to avoid confusing the record since either party has at one time or other held inter chargeable applicant/appellant/respondent positions: More
The plaintiff is a legal entity duly incorporated in terms of the laws of Zimbabwe. It specialises in the supply of high-tech traffic safety devices, research and continuous professional development. The first defendant is cited in his official capacity as the authority under whose command the entire police service is reposed. The second defendant is cited in his official capacity as the Minister responsible for overseeing the police service in terms of the Constitution of Zimbabwe. The plaintiff instituted proceedings against the defendants seeking relief of specific performance or alternatively damages for breach of contract. The claim is pursuant to... More
This is an appeal against the respondent’s decision, dismissing appellant from employment on a charge of fraud.
The brief facts are that appellant was employed by the respondent as a loss control assistant. Her duties involved minimising the exposure of respondent to losses. On 26 September 2012 appellant applied for educational assistance for her child,Result, in the sum of $225. The sum was for third term of 2012. Appellant attached an invoice from the school for $225. A visit by the respondent at the school showed that third term fees were $75.00. The sum of $225 included fees for Baison... More
