The appellants belong to the same group of companies. The respondent was employed by the first appellant from 1995 to 2010 in various capacities, firstly as its Finance Manager, Finance Director and last as its Executive Chairman. From 1 April 2010 he was employed by the second appellant as the Group Chief Executive Officer until 30 June 2011 when he resigned from employment. More
This is an appeal against an arbitration award.
The respondent was employed by the appellant as a Business Planning Manager. He has since been retrenched. While still in the employ of the appellant the respondent raised a complaint of alleged unfair labour practices by way of non-payment of salary arrears and other allowances.
The grievance was referred for conciliation which failed. Subsequently the matter was referred to arbitration. More
The respondent raised two preliminary points for determination before the disposal of this appeal.
It was submitted that the appellant has dirty hands and therefore is improperly before the court and that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]”the Act”. More
At the onset of oral argument in this Court Applicant raised two (2) points in limine, which 1st Respondent opposed. The Court shall deal with the points ad seriatim. More
Applicant applied to this Court for the review of his dismissal from employment by 1st Respondent. The application was made in terms of Section 89 (1) Id of the Labour Act Chapter 28:01, hereafter called the Act. 1st Respondent opposed the application. More
Respondent was employed by appellant. Following allegations of misconduct, respondent was hauled before a disciplinary committee which found him guilty and ordered his transfer and reduction in rank in that he was to go to a non-school institution. The matter ended up in arbitration. The first arbitral award was in favour of appellant. Respondent appealed to this Court and the parties appeared before Justice Musariri. At that hearing the Learned Judge made an order for the matter to be remitted to the same arbitrator. Whilst appearing before the arbitrator the parties were not agreed on the terms of reference to... More
The Applicant instituted summons action against the Respondent for payment of sums of US$18 968-92; ZAR 19 492-95; BWP 1 037-12 and GBP 128,55 together with attorney and client costs, in respect of its funds which went missing while under the custody of the Respondent who was the church Treasurer for its Parktown congregation. More
: This is a court application for the eviction of the 1st and 2nd Respondents and all those claiming occupation through them from Stand Number 24629, Budiriro 4, Harare. The orders being sought are- More
Throughout the 2nd term we have been setting this matter down for trial. On each occasion the plaintiff’s counsel has been unable to attend either because he was in the Supreme Court or was not feeling well. More
The Respondent was employed by Appellant as a Handyperson grade B2. He was employed as from 1st December 1970 to March 2021. The Appellant is a High School which is run by the Methodist Church in Zimbabwe. Upon his retirement in March 2021 the Appellant paid out to Respondent his pension benefits from Old Mutual in the amount of $426 698.78. The Respondent however after carrying out a comparison of his entitlement to gratuity as provided under Section 20 of Statutory Instrument 102 of 2014 with the pension paid out realised that it was more beneficial to claim for gratuity... More
This is an urgent chamber application for stay of execution. The applicant seeks to have his eviction from mining claims, known as Godwin N held under registration number 48981 and which extend into a certain piece of land in Umzingwane District, being a remainder of Bushy Park, Umzingwane District owned by one Freda Khumalo but being leased to the fist respondent, stayed, pending the finalisation of an application for rescission of judgment. More
The applicant, Metron Chongani Makamba, an apparently brazen and incorrigible offender was convicted by the court of a regional magistrate at Masvingo in 2015 on numerous counts of robbery committed in aggravating circumstances as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The charges against the applicant were on three separate criminal record book numbers. The first was MSVR 250/15 on which the applicant was the sole accused facing two counts of robbery. The second was MSVR 252-3 where the applicant was jointly charged with one Energy Knowledge Jonasi with six counts of robbery.... More
This is an urgent chamber application wherein the applicant seeks an interim order compelling the first respondent grant a compensation offer letter containing the amount to be paid to the applicant’ lawyers i.e. Hove Legal Practice to the Applicant, an interim order barring the first respondents from carrying out, without applicant’s consent, any road construction works and interfering with the applicant’s rights of use, occupation and possession of any portion of the applicant’s immovable property situate in the District of Salisbury, measuring 3 860 Hectares called SUBDIVISION A OF MARSHLANDS OF DELFT OF HOPLEY (the property). On the return day,... More
The applicants approached this court through the urgent chamber book seeking an order in the following terms:
TERMS OF FINAL ORDER SOUGHT
1. That the warrant of execution issued by the Rusape Magistrates Curt under case number 57/14 be and is hereby suspended and rendered wholly ineffective pending the final and definitive determination of the High Court application proceeding instituted.
2. That the first respondent shall pay costs on a legal practitioner client scale. More
