This is an appeal against the judgment of the Labour Court dated 14 July 2017 which dismissed an application for review mounted by the appellant. After reading the documents and hearing counsel, we dismissed the appeal with costs and indicated that reasons would be availed in due course. More
This is an appeal against an arbitral award in favour of the Respondent. Respondent has been in the employ of the Appellant since 1 February 1996 as a Group Administration Manager. Between 2005 and 2008 Appellant embarked on a retrenchment exercise for its employees stationed at around 30 outlets countrywide. Respondent requested to be considered for retrenchment but the request was not granted as the parties could not agree on the package to be paid. Appellant offered to reduce Respondent’s working hours. From April 2009 to date, Respondent is on a weekly wage. Respondent approached Appellant for a review of... More
Thisis an appeal against the Arbitral Award of Honourable N Bore which was issued on the 18th of March 2014. The operative point of the award reads as follows:
"The respondent is therefore ordered to pay to the applicants;
(i) Salaries equivalent to three months wages based on the rate applicable at the each applicant’s contract was terminated.
(ii) Housing allowances for three months period at the gazetted rates.
(iii) Cash in lieu of leave for three months period.
(iv) Any other benefits to which the applicants were entitled to in terms of their respective contracts of employment. More
This is an application for condonation of the late noting of an application for review by the applicants of the decision of the juvenile court. This matter appeared before me on the motion roll of the 18th of November 2021 and I declined to grant the order for the simple reason that, no case had been made for the relief sought. The applicants have since requested for written reasons and here are the reasons. More
This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows:-
“Interim relief sought/granted
1. Pending the determination of this matter, the respondents be and are interdicted
from removing the property listed in Annexture A”. More
This is an application which alleges that the determination of the arbitrator relating to the Applicant’s disciplinary hearing which was dated 3rd August 2007 when the hearing happened on the 8th of August 2007 was forged. The prayer is that the determination be set aside and that the Applicant be reinstated to this former position without any loss of benefits and status. More
The respondent in this case approached the Magistrates Court seeking a prohibitory interdict against the appellants. The court a quo granted the appellants the relief as prayed for. More
On 30th August, 2011 the Honourable N.A. Mutongoreni made an arbitration award. In terms thereof he ordered Appellant to sell a company car to Respondent or alternatively pay him the residual value of the car. Appellant then appealed to this Court against the award.
Appellant employed Respondent from 2007 as its Human Resources Manager at Mutare. Respondent resigned from employment on the 4th May, 2011. At the time of resignation he had been allocated the company car in terms of Appellant’s Motor Vehicle Policy. More
The Applicant has approached this Court with an application for Stay of Execution of the award granted in favour of the Respondents by the Arbitrator on 5 August 2013. The Respondents intend to register the award for the purposes of execution. More
On 3 November 2021, the plaintiff instituted summons proceedings against the defendant claiming damages in the sum of US$36 660.00, arising from a breach of contract signed by the parties. The plaintiff also claims interest at the prescribed rate calculated from the date of service of summons to date of full payment, plus costs of suit. More
6. This application will be better understood against the background that follows. On the 18thJune 2015, the 3rd respondent obtained a default judgment for the sum of US$ 18 543.15 together with interest at the rate of 25% per annum and costs on a legal practitioner and client scale against the applicants. It is clear from the papers that the 1st respondent placed the applicants’ immovable property namely Stand 11075 Bulawayo Township of Bulawayo Township lands measuring 1603 square metres and held under Deed of Transfer No. 2440/2005 (the property) under judicial attachment. On two occasions the 1st respondent sold... More
: This is an application to set aside the decision by the Sheriff of the High Court confirming a sale in execution. The application is in terms of Rule 359(8) of the High Court Rules, 1971. The application is opposed by the 3rd respondent who argues that there is no basis for setting aside the sale in execution as the decision by the 1st respondent was reached flawlessly and that as such, the decision could not be faulted. More
This is an appeal against an arbitral award handed down on 16 July 2013, which ruled that the appellant was lawfully dismissed from employment.
The brief factual background is that the appellant was employed by the respondent as Bakery Supervisor. Sometime in 2006, an employee under the appellant’s supervision went off duty for more than 2 days. There was no record of the off duty arrangement. It was done with without the approval of senior management. It also emerged that employees would make verbal, internal arrangements whereby some would take days off with others signing on their behalf.
The appellant... More
