I am seized with this matter in terms of section 98 (14) and (15) of the Labour Act which requires that an arbitral award be registered either in this court or the Magistrate’s court to pave way for its execution. More
On 10 June 2020 we dismissed the appellant’s appeal in respect of sentence after hearing arguments from counsel. We gave our detailed reasons ex tempore.
On 15 June 2020 I received a letter from appellants counsel dated 12 June, 2020 in which a request for written reasons for dismissing the appeal was made. I now provide the reasons hereunder; More
This is an application for rescission in terms of Order 49 r 449 (1) (a) of the High Court rules, 1971. On or around the 27th December 2011, the applicant, Munashe Shava, took out a loan with the respondent bank, for US$36,700-00 under a group loan facility. The effect of the agreement was that the respondent would disburse money to the applicant upon applicant’s request to the maximum limit of US$36,700-00. Interest was to be levied on the loan at the rate of 23% per annum. Repayments on the loan were set at US$2922-00 per month. Full payment of the... More
This is an appeal against the judgment of the Labour Court dismissing an appeal against an arbitrator’s award. The arbitrator, having found the respondent’s initial purported dismissal and every measure taken by the appellant thereafter to have been unlawful, ordered the appellant to reinstate the respondent to her position or pay her damages in lieu of reinstatement. More
This is an appeal against the respondent’s dismissal of the appellant from its employ.
At the commencement of the hearing a point in limine was raised on behalf of the appellant. The point was that there was no company resolution authorizing one Takunda Timbe to depose to the opposing affidavit filed on behalf of the respondent. The respondent too had preliminary issues for consideration by the Court. These had to do with propriety of the grounds of appeal and the appellant’s prayer. These will be considered after the one raised on behalf of the appellant has been considered. More
In 1989 the plaintiff married the defendant in terms of customary law. On 1 October 1994 their marriage was solemnised in terms of the Marriage Act, [Chapter 5:11] at Harare. More
The matter was set down before one as an application for interim relief and a counter application for interim determination by suspending the arbitral award handed down on 06 December, 2012. Both applications are premised on Section 92 E (2) of the Labour Act [Cap 28:01]. Both applications were counter-opposed. More
The respondents were employed on fixed term contracts which were not renewed when the contracts expired.
They claimed unfair dismissal and argued that they had satisfied the requirements set out in terms of Section 12B (3) (b) of the Labour Act [Chapter 28:01] which provides that an employee on a fixed term contract is to be regarded as unfairly terminated if the contract is not renewed upon its termination when the employee had;
1) A legitimate expectation to be re-engaged, and;
2) Another person was engaged instead of the employees. More
Respondents were employed in various capacities by Appellant on fixed term contracts. The contracts were periodically renewed until 29 October 2013. The number of times the contracts were renewed is not the same for the Respondents as they were engaged on different dates. When the contracts expired on 29 October 2013 they were not reviewed. Respondents approached the Ministry of Labour claiming legitimate expectation for the renewal of the said fixed term contracts of employment. More
The appellant was employed by the 1st respondent as an accountant in the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement. On 26 June 2018 the appellant was arraigned before a disciplinary committee to answer to allegations of misconduct. More
The procedural issues concern the decision made by the Human Resources Manager rather than the Managing Director. They also challenge the charges of misconduct on the basis that the charge was exaggerated and that the complainant was reluctant to press the charges. These complaints concern matters of procedure that is the disciplinary process. They do not deal with the merits of the decision made. Accordingly they ought to be raised by way of review rather than appeal, Section 89 (1)(d1) of the Labour Act Chapter 28:01 gives this Court powers of review in labour matters. Litigants keep overlooking this section... More
On 18 December 2001 the plaintiff bought a mazda motor vehicle bearing registration numbers 538-982Z from the defendant. The defendant filled in an affidavit to confirm the transaction. The affidavit in question was tendered as exh 1 in these proceedings. More
1. This is an application for leave to appeal out of time and to prosecute the appeal in person. The applicant is dissatisfied with his conviction on two counts of rape as defined in s 65 of the Criminal Law Code. He also is aggrieved by the sentence of 15 years imprisonment imposed on him in respect of each count. Of the total 30 years imprisonment the trial Court suspended 5 years imprisonment for 5 years on the usual conditions of good behaviour. More
