At the onset of oral argument in this Court, respondent raised a point in limine which applicant opposed.
The point is to the effect that the application for condonation is fatally defective for failure to comply with the Labour Court Rules, 2017 as amended. More
This is an application for a Declaratur. Its subject matter are the assessments issued by Respondent to Applicant on 17 January 2022 in respect of Applicant’s tax years, 2009, 2010, 2011, 2012 and 2013. In the Respondent’s eyes this application seeks to invalidate Notices of Assessment issued to the Applicant in January 2022 in terms of the Income Tax Act [Chapter 23:06] [the ITA]. The Assessments or Notices of Assessment in question were the result of an objection and Appeal processes which was determined to be invalid at law by the Supreme Court under judgment number SC148/21 refers delivered on... More
This appeal is about deductions made by the appellant [“Nestle”] in the tax years 2014 to 2018 which the respondent [“ZRA”] disallowed. Nestle argues that ZRA wrongly disallowed the deductions as the expenses had been genuinely incurred in the production of its income and therefore legitimately deducted. On the other hand, ZRA insists that the expenses fell outside the range of permissible deductions. More
The plaintiff herein is a former director of the defendant which is listed as a public company. The plaintiff’s claim, as amended, is for the transfer to him of 3,625,000 ordinary paid up shares in the defendant company (Innscor). In the alternative, he claims payment of the market value of such shares as at the date of judgement. More
On the 26th July, 2013 an arbitral award was issued which reinstated Respondent without loss of pay and benefits with effect from the date of dismissal. If reinstatement was no longer possible, damages were to be paid over and above the back pay. Parties were at liberty to approach the Arbitrator for quantification of the damages. More
This is an application for leave to appeal to the Supreme Court. The test for leave to appeal is settled See Dombodzvuku v CMED. In the case at hand the applicant argues that it has a merited case on appeal in that the interpretation of the law on termination on notice is contrary to what has been settled by the Superior Courts. Main reliance is placed on the case of Greatermans Store (Pvt) Ltd v Ministry of Public Service CCZ 2/18. It is the applicant’s contention that a correct reading of Greatermans (supra) shows that the employer’s common law right... More
This is an application for leave to appeal to the Supreme Court. The test for leave to
appeal is settled See Dombodzvuku v CMED. In the case at hand the applicant argues that it has a merited case on appeal in that the interpretation of the law on termination on notice is contrary to what has been settled by the Superior Courts. Main reliance is placed on the case of Greatermans Store (Pvt) Ltd v Ministry of Public Service CCZ 2/18. It is the applicant’s contention that a correct reading of Greatermans (supra) shows that the employer’s common law right... More
This is an application for stay of execution of an arbitral award pending determination of an appeal.
Following quantification proceedings held before arbitrator Honourable T.S. Makamure, applicant was ordered to pay an amount of US$350 000,00 as damages in lieu of reinstatement.
The legal principles applied in an application of this nature are well established. They have been enunciated in various cases, which include Jere v Chitsunge HB 10/03, South Cape Corporation v Engineering Management Services 1979 (3) SA 534, Zimbabwe Open University v Gideon Magaramombe & Another SC 20-12. More
On 5 September 2019, the respondent, who is a former chief executive officer of the applicant, sued the latter and five other defendants. He claimed certain specified sums of money against them. He alleged that the applicant, a legal entity which is registered according to the laws of Zimbabwe, and its co-defendants defamed him. More
The defendant was employed by the plaintiff as its Chief Executive Officer. As part of his employment benefits, he was granted occupation of a property known as number 31 Shottery Road, Greystone Park, Harare. The defendant’s contract of employment was terminated in June 2017. Thereafter parties have been in and out of court regarding the legality of the termination. To date the issue has not been finally determined. Upon termination of the employment contract, the plaintiff sued out summons against the defendant for ejectment, holding over damages including interest thereon and costs of suit on a higher scale. More
This is an appeal against the decision of the Zimbabwe Red Cross Society Managerial Disciplinary and Grievance Committee (the Committee). The Committee dismissed Appellant from Respondent’s employment with effect from 26th August 2013. More
According to the applicant’s founding affidavit this is an application to bar the respondent from conducting an internal disciplinary hearing against her. In addition the applicant seeks an order to have the disciplinary hearing conducted before an independent body.
The facts giving rise to the application are common cause. The applicant is employed by the respondent as an Environmental Health Inspector. In 2008 she was charged for being absent from duty where she was subsequently dismissed from employment in 2009. The applicant appealed against the decision to dismiss her. An arbitral award was issued in 2010 in her favour. In... More
In the magistrates court the respondent sued the first appellant, a businesswoman, for eviction from certain business premises. The respondent was the executor dative to his late brother’s estate. The respondent claimed that during his life time the deceased had been allocated by the second appellant, a local authority, some business stands at Rudhanda Business Centre in Zaka, Masvingo. He averred that on one of such stands the deceased had intended to construct a supermarket. He alleged the deceased had developed it to footing level when the second appellant wrongfully allocated the property to the first appellant. More
