The appellant was employed by the respondent as the Acting Area Manager at Karoi Depot. It was alleged that the appellant had, during the course of his duties, overstated the figures of seed cotton which had been bought at his depot. Misconduct charges were preferred against the appellant. He was found guilty and dismissed from employment. He appealed to the Managing Director, who dismissed the appeal. The appellant took his matter to the National Employment Council for the Cotton Industry which Tribunal also dismissed his appeal. The appellant has thus sought relief from this court. More
In this application the applicant seeks the following relief as set out in his draft provisional order attached to his application:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That it be and is hereby declared that Applicant, his representatives, employees and invitees are entitled to remain in peaceful and undisturbed, possession, occupation and use of Subdivision 2 Barwick H Farm, Mazowe Districts of Mashonaland Central Province (Hereinafter called “Barwich H farm” until such time as Applicant – should it be necessary... More
In December 2014 both resigned from employment with immediate effect without giving the requisite notice.
After resigning, the Respondents lodged a complaint with the Labour Officer claiming non-payment of salaries. Conciliation failed and as a result, the dispute was referred to arbitration.
The issues for determination by the Arbitrator were stated as:
1. Were claimants (Respondents) entitled to payment of salary arrears and cash in lieu of leave?
2. Were claimants (Respondents) obliged to give notice.
and
3. The appropriate remedy. More
This is a civil trial. The plaintiff claims USD450 000-00 from the defendant. The amount is said to represent the replacement cost of an immovable property, and the improvements thereon, previously occupied by the plaintiff, but intentionally destroyed by the defendant. In the alternative the plaintiff claims USD143 588-22, allegedly for unjust enrichment. More
The applicant seeks a review of the proceedings and determination of the second Respondent, a Labour Officer based at Chinhoyi Labour Office. The application is opposed by the first respondent. The second respondent filed no response to the application. More
This is an urgent application for an Interim Interdict against thefirst, second and third respondents to stop them from constituting an arbitral panel and proceeding with arbitration proceedings. The applicant sought a provisional order in the following terms. More
I heard the application which the applicant filed through the urgent chamber book on 11 December, 2020. I delivered an ex tempore judgment in which I granted the applicant’s prayer in terms of the amended interim draft which had been moved for. More
This is an urgent chamber application for a provisional order whose interim relief sought was couched in these terms:
“ 1. That the second respondent be and is hereby ordered to stay ejectment of
applicant from the premises known as 93 Coventry Road, Harare
pending the hearing of this urgent application for stay of execution.
2. In the event of the second respondent having ejected applicant from the premises known as 93 Coventry Road Harare, he is hereby directed temporarily to return possession of the premises to applicant pending the outcome of the application for stay of execution.” More
Appellant (employee) appealed to this Court against her dismissal from employment
by Respondent (employer). The appeal was made in terms of section 54 of the Judicial Service
Regulations S.I. 30/15. The employer opposed the appeal. More
The plaintiff and the first defendant were in an unregistered customary law union from 2006 to 2016 when it was dissolved. The second defendant is the Registrar of Deeds.
Pursuant to the termination of the union, the plaintiff issued summons seeking the distribution of the movable and immovable property acquired during the subsistence of the union. However, the plaintiff despite being legally represented did not allude to any cause of action in terms of which this court was being called upon to distribute the property. In fact the way the declaration is drafted it is as if the parties were... More
Applicant is a juristic person. It cannot bring a claim in the Small Claims Court. It however can be dragged to that Court as a defendant or respondent in terms of section 6 of the Small Claims Act [Chapter 7:12]. The decision of the Small Claims court is final. It cannot be appealed against. It can however be brought on review by this court. The grounds upon which this court may review any proceedings are set out in Section 27 of the High Court Act, [Chapter 7.06].
These are:
(a) absence of jurisdiction on the part of court, tribunal or... More
Appellant appealed to this Court against a determination made by the Designated Agent of the NEC for the Funeral Industry. The appeal was made in terms of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. Respondent opposed the appeal. More