This is an application for leave to appeal against the decision of this court that was made on 7 August 2015. This court upheld the arbitrator’s decision to disallow the employer from including new evidence. This court in its findings stated that
“The respondents were convicted and dismiss from employment. It would appear the appellant just wants to bolster its judgment in its favour. Is the appellant trying to prove that the dismissal was unfair or that not sufficient evidence was led to warrant the dismissal of the respondents” More
This is an appeal against a determination of the National Employment Council (“NEC”) Appeals Board for the Banking Undertaking.
The respondent is a former employee of the appellant. She was employed as a bank teller, when, on 26 March 2010, she declared a shortfall in the amount of US$1 160-00. She was charged of “gross negligence causing serious loss to the bank” which is a Category D offence, section 11 (15) of the Code of Conduct for the Banking Undertaking, SI 273 of 2000. Following a disciplinary hearing, she was found guilty and dismissed from employment. More
The First Respondent is employed by the Appellant. First Respondent was suspended from employment by the Appellant. The Appellant also reported the matter to the police resulting in the arrest of the First Respondent. The First Respondent’s bail conditions barred him from visiting his workplace. It is also common cause that First Respondent’s suspension was without salary and benefits. First Respondent referred his matter to Second Respondent and the latter determined that First Respondent’s suspension was illegal having regard to the provisions of the Code of Conduct. Appellant is dissatisfied with the decision and has approached this for relief. More
On the 21st September 2021 at Harare the Designated Agent (DA) of the NEC Banking Undertaking made a determination. He set aside the terminations of Respondents’ employment by Appellant. He further ordered Appellant to either reinstate the Respondents or alternatively pay them damages in lieu of reinstatement. Appellant then appealed to this Court in terms of Section 92D of the Labour ActChapter 28:01 hereafter called the Act. Respondents opposed the appeal. More
On 9th December 2010 the NEC Banking made a determination. In terms thereof it upheld an earlier ruling in terms of which Appellant was ordered to reinstate Respondent’s employment. Appellant then appealed to this Court against the NEC’s determination More
This matter was set down for pre-trial conference initially for 21 June 2012 and the parties given notice to attend the conference. The defendants did not file their pre-trial conference minutes and summary of evidence as required by the rules. However, on 21 June 2012 Mr Marume appeared on behalf of the defendants and indicated that he had been unable to file the documents because the defendants had been unco-operative. In fact all the defendants were not in attendance on that date. More
This is an application for the dismissal of an action made in terms of Rule 31 of the High Court Rules, 2021, Statutory Instrument 202 of 2021, (the Rules). Brighton Vimbainashe Shereni (Shereni) deposed to the founding affidavit. He is the applicant’s Recoveries Manager. More
The applicant makes an application for a refund of $63 115-55 which the applicant avers it paid under protest in pursuant to an order of court granted in favour of the respondent. More
The plaintiff, a commercial bank, claims against the three defendants payment of a sum of money amounting to US$1 105 748.90 together with interest thereon at the rate of 15% per annum calculated from the 9th September 2015 to the date of payment in full, such interest to be calculated monthly and in advance and capitalized. The plaintiff also claims collection commission and costs of suit on the legal practitioner and client scale, as well as an order declaring a certain immovable property described in the summons as a certain piece of land situate in the District of Salisbury called... More
This is an application for summary judgement. The facts are that the applicant lent and advanced some money to Coldrac Products (Pvt) Limited in the sum of $1 500 000.00 and one David Govere stood as surety and co-principal debtor. Coldrac Products (Pvt) Limited failed to service the debt leading to the bank obtaining judgment against it. More
This is an application for summary judgment. The applicant seeks the following relief:
“IT IS ORDERED THAT:
1. Summary judgment in the sum of US$101 677-93 be and is hereby granted in favour of the applicant and against the respondents.
2. The mortgaged property being certain piece of land situate in the District of Salisbury called Stand 932 Bluffhill Township 17 of Subdivision C of Bluffhill measuring 4000 square metres held by the second respondent under Deed of Transfer No. 4936/2007 dated 18 September 2007 be and is hereby declared specially executable to satisfy the applicant’s claim.” More
This is an appeal against both an arbitral award reinstating respondent to the appellant’s employ and a subsequent quantification of damages. The respondent was employed by the appellant as a security officer. More
Applicant’s sole ground for review is worded as follows,
“The NEC Appeals Board misdirected itself in failing to deal with the two appeals separately, as directed by the order of the Labour Court dated 20 October 2011. By lumping the two appeals the NEC Appeals Board acted unprocedurally and in defiance of the order of the Labour Court.” More
On 21 April 2006 the plaintiff issued summons out of this claim for payment to him for damages in the sum of $10 billion. The claim as framed in the summons and declaration is in the following terms:
a) payment of ten billion dollars owed by the defendants to the plaintiff being defamation damages suffered by the plaintiff as a result of a defamatory letter published by the defendants of and concerning the plaintiff in or about August 2004. The amount is due and payable but despite demand the defendant refuses, neglects or fails to pay.
Alternatively
b) payment of... More
The following facts are common cause:
On 20 October 2017 a summary judgment application was granted by the
Zvishavane magistrates court
The judgment ordered the applicant to pay to the first respondent the sum of US$5 080-00 plus interest thereon at the prescribed rate with effect from April 1st 2017 to date of full payment and costs.
The applicant appealed to this court against that entire judgment. More
