This is an application by the applicants seeking condonation of late noting of an application for recession of court order number LC/H/ORD/98/15.
The applicants in their draft order however seek not only the setting aside of LC/H/ORD/98/15 but also the setting aside of a judgment in case number LC/H/28/2017 and awards by arbitrators who had also dealt with the matter before it was placed before the Labour Court. More
This is a ruling on preliminary points taken before me by the 1st Respondent which points were opposed by the 2nd Respondent. It is however necessary to set out initially the background to the matter.
FACTUAL BACKGROUND
The 2nd Respondent was employed by the 1st Respondent as a driver. He was engaged on the basis of fixed term contract which later was converted to an open ended contract. His employment was terminated at the end of 2017. He thereafter, on the basis of Section 63 (3a) of the Labour Act [Cap 28:01] referred a claim of unfair dismissal, non-payment of... More
This matter was set down as an application for confirmation of a ruling in the case of Tonderai Mudavanhu and Meatsengo Butcheries. On the set down date the employer defaulted despite service hence setting the stage for a default judgment confirming the ruling. It however dawned on the court that notwithstanding the employer’s default it was apparent that the application was in breach of the law setting out how such matters had to be dealt with. See Isoquant v Darikwa (N.O) CCZ 6/20. More
This is an application for confirmation of the draft order by Designated Agent Gara that was handed down on the 29th of May 2019.The brief facts are that the 2nd Respondent was employed by the 1st Respondent. The 2nd Respondent approached the NEC with the issues of non-payment of wages, under-payment of wages, vacation leave and notice pay. The 2nd Respondent was awarded $2 079-75 being underpayment of wages. Non-payment of wages, vacation leave and notice pay. More
On 27 January 2016, this court granted an appeal in favour of the respondent, in default of the applicant.
The applicant is a former employee of the respondent. He was employed as an assistant accountant when in or about August 2014, he was charged of misconduct in terms of the Labour (National Employment Code of Conduct) Regulations 2006. The charges were of any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract and theft or fraud. He was found guilty by the disciplinary body and dismissed from employment. His... More
This is an appeal against the decision of the Provincial Magistrate sitting at Harare delivered on 30 March 2012 in which he dismissed an application by the appellants for the suspension of their sentence of 12 months imprisonment or 420 hours of community service at institutions in Harare and Chinhoyi. More
This is an appeal against the decision of the Employment Council for the Chemicals and Fertilisers Manufacturing Industry (NEC) Appeals Committee, which upheld the dismissal of Appellant from Respondent’s employment after he was found guilty of misconduct in terms of the applicable NEC Code of Conduct. More
Before ZIYAMBI AJA, in chambers in terms of r 5 of the Rules of the Supreme Court, 1964.
[1] This application is brought in terms of ‘Rule 63 as read with Rule 449 (1)(a) of the High Court Rules’ 1971 for condonation of the late noting of an application for rescission of a default judgment given in chambers by MAVANGIRA JA in chambers on the 13 July 2017. More
The plaintiff and defendant were married on 29 October 2007 in terms of the then Marriage Act [Chapter 5:11] at Guruve. The marriage was blessed with three children, Rufaro Chengeta (born on 9 April 2001) (Rufaro), Isaac Simbarashe Chengeta (born on 1 March 2003) (Isaac) and Michaela Ropafadzo Chengeta (born on 2 August 2013) (Michaela). On 19 July 2017 plaintiff sued out summons claiming a decree of divorce and ancillary relief. In her declaration she stated that the marriage between the parties has irretrievably broken down such that there is no reasonable prospect of restoration of a normal marriage relationship.... More
The applicant who is facing four counts of stock theft as defined in s 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], approached the court seeking to be admitted to bail pending trial. It is the State’s contention that on 25 May 2018, 27 May 2018 and on 5 January 2019 the accused unlawfully took 10 cattle knowing that the complainants in the 4 counts were entitled to own or possess or control the livestock or realising that there was a real risk or possibility that the complainants were the owners and entitled to possess or control... More
The appellant appeals against the dismissal of his appeal against conviction and sentence by the High Court (“the court a quo”) on 21 May 2019. On 11 July 2016, the appellant was convicted by a Regional Magistrate (the trial court) at Harare of one count of rape. He was sentenced to 14 years’ imprisonment of which 4 years imprisonment was suspended for 5 years on the customary conditions of future good conduct. Dissatisfied, he unsuccessfully appealed to the court a quo, against both conviction and sentence. More
The applicant is employed by the respondent as a Revenue Officer stationed at Masvingo. Consequently, the applicant is bound by the respondent’s Registered Code of Conduct i.e. the Zimbabwe Revenue Authority Employment Code of Conduct and Grievances Procedure (the Code of Conduct). On 27 November 2017, the applicant was charged with misconduct and was suspended from employment without pay and benefits in terms of clause 10.1 (a) of the Code of Conduct. The misconduct pertained to making false declarations by the applicant in respect of assets he owns. The respondent avers that due to the nature of its organisation, it... More
On 12 January 2018 the applicant applied for bail pending appeal. In his affidavit in support of the application for bail he submits that that there are real prospects of success on appeal. More
This is an application for condonation of late noting of appeal. The applicant was charged and convicted of improper association with a school girl at Rusike Secondary School. The improper association occurred in 2000. The applicant was convicted in 2006.
On 30 September 2006 the applicant noted an appeal against the determination and penalty meted on him. On 30 May 2007 the Provincial Education Director Mashonaland East wrote to the applicant indicating that the Commission has no jurisdiction to consider appeals. On 25 July 2014 the applicant applied for re-appointment into the Ministry. His application was turned down. On 10... More
