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
This is an application for confirmation of a draft ruling made by a labour officer. The application is in terms of section 93 (5a) (a) and (b) of the Labour Act Chapter 28:01 (the Act). This case was “heard” before the decision which ruled that where a case has been heard and finalized at the workplace it may not be referred to a Labour Officer or designated agent but that an appeal shall be to the Labour Court. More
On 2 May 2018 the first respondent filed his opposing papers. When the matter
commenced at 9.30 am, Mr T Sengwayo requested the matter to be stood down until 2 pm, he indicated that he wanted to file a supplementary affidavit from Mr Mushonga and also to go through the opposing papers for he had only received them in the morning of the set down date Ms Mahere opposed the application arguing that since the application was brought on an urgent basis it ought to be treated as such. After the arguments for and against by both counsel it was... More
This application seeks a review of the second respondent’s decision wherein he accepted nomination papers for the first respondents after the 1600 hours deadline on 21 June 2023. More
The brief background of this matter which is generally common cause is as follows:-- On the 13th December, 2016 applicant was brought before the 2nd respondent’s Disciplinary Committee on a charge of contravening clause 11.5 (f) of the Harare Municipal Undertaking, Statutory Instrument 171 of 2010. More
: The plaintiff is Mereki (Warren Park) Community Trust. The trust was formed by registered Trust Deed No 722/2015 dated 12 June, 2015. The trust was founded for the main objective of advancing the welfare and interests of Warren Park Community. Warren Park is a high density suburb located to the south west of the environs of The City of Harare. More
This is an appeal against an arbitral award.
The appellant was employed by the respondent initially as a tuck shop assistant in 2007. In 2009, she was transferred to work in the priest’s house designated as a cook but performing duties which included cleaning, hand laundering and she alleges stores too. She therefore essentially worked as a domestic worker as defined in the Domestic Workers Employment Regulations, 1992.
In September 2013, the appellant was further reassigned to the school kitchen to work as a cook. It appears that the appellant resisted this move and did not report for duty at... More
MAKONESE J: The applicant appeared before a Regional Magistrate at Bulawayo on the 4th of November 2020 facing a charge of rape as defined in section 65 of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant was sentenced to 15 years imprisonment of which 5 years imprisonment was suspended for 5 years on the usual condition of future good conduct. More
This is a court application, filed by the applicant on 28 September 2022, for leave to execute judgment pending appeal. The judgment which the applicant desires to execute was handed down in HC 1343/21 on 13 September 2022. After hearing arguments from the parties, I gave an ex tempore judgment allowing the relief sought by the applicant, and undertook to deliver a full judgment the next day. Here are the reasons for the order I granted on 17 November 2022. More
