This is an application for review of a decision by an arbitrator. The decision follows a referral of the matter by this court on three terms of reference as follows;
“(a) Whether or not Fidelity Life Assurance Company had jurisdiction to discipline the Respondent.
(b) Whether or not Respondent was unfairly dismissed.
(c) The appropriate remedy”.
The dismissal referred to is by the second respondent. The first respondent’s
penalty was a final written warning. More
This is an appeal against the decision of Honourable S. Mugumisi that was handed down on 25 June 2015. The award is couched as follows;
“In the result, it is my finding that the 1st respondent had no jurisdiction to discipline the applicant for the reasons I have already given above. It remains the 2ndrespondent’s prerogative to proceed or not to proceed to discipline the applicant through the right Code of Conduct which could be the national employment Code of conduct, if it does not have one registered in its own name. More
This is an application for the quantification of damages due to the applicant employee following his successful review application with the Labour Court in a labour dispute pitting him and the respondents. Applicant is seeking to be paid a composite USD 428 360-01 being backpay from the date of his unlawful dismissal to the date of the success of his review application and 48 months damages in lieu of reinstatement. The respondent employer is opposed to the grant of such relief. It reasons that applicant is only entitled to 6 months worth of damages at the rate of US 486... More
This is an application for the nullification of the disciplinary proceedings held by Respondent on the 26th February, 2014.
In summary the undisputed background of this matter is that, on the 20th February, 2014 Applicant duly represented by his Legal Practitioner, attended a disciplinary hearing where he was being charged for an act of misconduct. More
Appellant Appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for by section 92D of the Labour Act [Chapter 28:01]. Respondent opposed the appeal.
The grounds of appeal were four-fold. More
This matter was postponed sine die on 20 October 2015 at the appellant’s request. It has since then not been resuscitated hence the decision to dispose of it on the papers in terms of Section 89 (2) (a) (1) of the Labour Act. More
The applicant and respondent’s late father were boyfriend and girlfriend who had been together as life partners for a period spanning over 14 years. They jointly purchased the immovable property in which applicant currently resides. Applicant was awarded a lifelong usufruct over the property. Upon his father’s death, respondent was appointed executor of his Estate. The estate also has a half share of the property known as number 2 Vair Close, Burniside Bulawayo. Respondent frequently visits the property to ensure that the property is well looked after. The applicant approached the Magistrates’ Court in terms of the Domestic Violence Act... More
This is an urgent chamber application in which the applicant seeks an order that:-
INTERIM RELIEF
Pending the determination of this matter, the applicant is granted the following interimrelief -:
1. That the respondent be and is hereby ordered to sign the affidavit required of him annexed to this application at Annexure K1 which affidavit authorises that Jodi Ann Trombas be permitted to travel with the Hellenic School Hockey Tour travelling to South Africa on the 3rdof May 2017 and returning to Zimbabwe with her mother, the applicant on the 15th of May 2017. More
The Applicant submits that he was employed by 2nd Respondent as a Mechanic at its Mining site in Mutoko. On 21 April 2022 2nd Respondent summarily dismissed him from work. The Applicant challenged the dismissal and was reinstated to his position with effect from 27 July, 2022. Applicant submits that upon his return, he only worked for two days and on 3rd August 2020 he was advised to stop working. He was later chased from the company premises after he resisted the 1st respondent’s effort to have him resign on his own. On 10 August 2022 he wrote to 2nd... More
The right to citizenship is one of the most fundamental rights of any human being. In terms of the 2013 Constitution a citizen has rights but also responsibilities. The rights as per section 35(3) (a-b) include the right to the protection of the State wherever they may be; to passports and other travel documents and to birth certificates and other identity documents issued by the State. More
Both plaintiffs are employees of the Reserve Bank of Zimbabwe. On 21 October 2008 they were traveling from Mutare to Harare in a Toyota Camry registration number ABF 9500 in the course of duty. More
This is an Acquillian action arising from a sordid story of an innocent 12 year old by-stander whose foot was crashed by a falling robot pole. Plaintiff instituted proceedings against all defendants claiming an order for:
(i) Medical and hospital expenses (past) US$6 887,00.
(ii) Future medical expenses US$567 700,00.
(iii) Pain and suffering (past and prospective) US$70 000,00.
(iv) Permanent bodily disfigurement US$80 000,00.
(v) Loss of amenities US$70 000,00 and
(vi) Interest at the prescribed rate from 17 November 2011; and
(vii) Costs on an attorney and client scale. More
The two appellants who were police officers stationed at Southerton Police Station, Harare, were jointly charged with the offence of contravening section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
MAWADZE J: This is an opposed application wherein the applicant seeks the following relief:
“IT IS ORDERED THAT:
1. The will dated 21 November 2005, purportedly signed by the late Nellie Helen Morris appointing the respondent ((first respondent) the executrix testamentary and bequeathing the entire estate to same be and is hereby null and void and therefore of no force and effect (sic).
2. The respondent shall pay costs of suit” (sic). More
