The appellants are facing a charge of bribery in contravention of s 170 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], in that on 12 May 2021, second appellant, called the investigating officer in a case of fraud or alternatively, defeating/obstructing the course of justice in CRB 3996/21 involving first appellant requesting a meeting over the case. More
This is an appeal against the decision of an arbitrator sitting at Harare. The sixteen respondents are former employees of the appellant. They were retrenched by the appellant after being placed on some form of leave “garden leave” which placed them “on call” – i.e. they did not go to work but had to be prepared to go to work whenever called upon to do so by the appellant. Consequently they were unable to meaningfully make private arrangements. As a result of this they aver that they are still owed their leave days. Should that be the case they should... More
This is an old matter, an application for review. It is undesirable that a matter should be in the dispute resolution for more than nine (9) months let alone nine years. More
This matter was brought to this court for both appeal and review purposes. However before the matter could be argued a point in limine was raised on behalf of the respondents. It was submitted that the appellant is not properly before the court. It was argued that the appellant did not comply with the award being appealed against. For that reason Mr Marimo who appeared on behalf of the respondents submitted that the appellant is in contempt of court and therefore should not be heard. More
This is an appeal against the decision of the respondent’s employer which resulted in appellant being dismissed from work following allegations of having received money as payment for blood transfused on a patient yet such blood was obtainable for free at the hospital and for having administered the transfusion without following laid down procedure. The attack is both on the verdict and penalty. Respondent employer is opposed to grant of appellate relief citing the fact that no good case for appeal has been made out by the appellant. More
Respondents were employed by Appellant on fixed term contracts between 2009 and 2012. The contracts were renewed on an ongoing basis until 2012. Appellant is a non governmental organization funded by donors. It undertakes projects for the good of a particular community, depending on the availability of funding. Appellant’s contracts with its employees are directly related to the funding and projects that it has on a particular time. In 2012 the Respondents’ contracts came to an end and were not renewed. No other persons were employed in their place. More
This is an application for confirmation of a ruling made by the applicant in the matter between Regina Chunga and the respondent. The application is made in terms of section 93 (5) of the Labour Act [Chapter 28:01] as amended. Regina Chunga was engaged by the respondent as a housemaid on 1 June 2013. On 7 December 2015 she signed a resignation letter which specified what she was owed. The applicant stated that the respondent indicated that she authored the letter as Regina could not write well for other people to understand. On 8 December 2015 Regina made a complaint... More
This matter came before us as an application made in terms of section 93 (5a) and (5b) of the Labour Act [Chapter 28:01], as amended. An order confirming the ruling of the applicant was sought. More
The applicant, in her official capacity as a Labour Officer, made a ruling at Harare date-stamped the 3rd June 2016. She ordered the respondent to pay Mr EuryMaphosa (claimant) an amount of US2 300-00 as compensation for loss of employment. The applicant then applied to this court for confirmation of her ruling. The respondent opposed the application. More
This is an application forconfirmation of a draft ruling and order which was brought before this court in terms of section 93(5c), (5a) and (5b) of the Labour Act [Chapter 28:01] (The Act). More
On the 30th March 2023, Applicant in her capacity as a Labour Officer issued a ruling. She dismissed 1st and 2nd Respondents’ (employees) claim of unfair and unlawful termination of employment by 3rd Respondent (employer). Applicant then applied to this Court on 15th May 2023 for the confirmation of her ruling as per Section 93(5a) of the Labour Act Chapter 28:01. The both employees opposed the application whilst the employer supported it. More
This is an application for the confirmation of the ruling by a Labour Officer in a labour dispute between Daniel Mavhenge and 2 Others and Zimpost. Mavhenge and his colleagues filed with the labour officer a claim of unlawful dismissal and non-payment of arrear salaries, cash in lieu of leave and terminal benefits. The Labour Officer ruled that the matter was res judicata as the Supreme Court had decided the issue of unlawful dismissal. She also reasoned that the claim for terminal benefits had prescribed. For those 2 reasons she reasoned that she lacked the jurisdiction to entertain the issues... More
This is an application for the confirmation of a ruling in the matter between Makamure and Air Zimbabwe. Makamure filed with the labour officer a claim for unfair labour practice by Air Zimbabwe. His argument was that Air Zimbabwe was holding on to his arrear salary and benefits and that it owed his salary and benefits for the period it had him on indefinite suspension. According to the labour officer Air Zimbabwe admitted liability for the arrears but disagreed with the payment for the period of indefinite suspension and motor vehicles repairs reimbursement. Air Zimbabwe’s argument is that the suspension... More
In an application for confirmation of a ruling by a labour officer the respondent employer applied for a postponement of the matter. This was to allow its legal practitioner to get ample instructions as he had been engaged at the 11th hour hence could not meaningfully defend the employer’s rights. More
