The matter was set down before one as an application for interim relief and a counter application for interim determination by suspending the arbitral award handed down on 06 December, 2012. Both applications are premised on Section 92 E (2) of the Labour Act [Cap 28:01]. Both applications were counter-opposed. More
The respondents were employed on fixed term contracts which were not renewed when the contracts expired.
They claimed unfair dismissal and argued that they had satisfied the requirements set out in terms of Section 12B (3) (b) of the Labour Act [Chapter 28:01] which provides that an employee on a fixed term contract is to be regarded as unfairly terminated if the contract is not renewed upon its termination when the employee had;
1) A legitimate expectation to be re-engaged, and;
2) Another person was engaged instead of the employees. More
Respondents were employed in various capacities by Appellant on fixed term contracts. The contracts were periodically renewed until 29 October 2013. The number of times the contracts were renewed is not the same for the Respondents as they were engaged on different dates. When the contracts expired on 29 October 2013 they were not reviewed. Respondents approached the Ministry of Labour claiming legitimate expectation for the renewal of the said fixed term contracts of employment. More
1.This is an opposed appeal against the decision of an Arbitrator. The grounds of appeal are that;
“1. The Hon Arbitrator erred at law and grossly misdirected himself
in finding without legal basis that the Respondents had a reasonable and legitimate expectation to be re-engaged. More
The appellant was employed by the 1st respondent as an accountant in the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement. On 26 June 2018 the appellant was arraigned before a disciplinary committee to answer to allegations of misconduct. More
The procedural issues concern the decision made by the Human Resources Manager rather than the Managing Director. They also challenge the charges of misconduct on the basis that the charge was exaggerated and that the complainant was reluctant to press the charges. These complaints concern matters of procedure that is the disciplinary process. They do not deal with the merits of the decision made. Accordingly they ought to be raised by way of review rather than appeal, Section 89 (1)(d1) of the Labour Act Chapter 28:01 gives this Court powers of review in labour matters. Litigants keep overlooking this section... More
On 18 December 2001 the plaintiff bought a mazda motor vehicle bearing registration numbers 538-982Z from the defendant. The defendant filled in an affidavit to confirm the transaction. The affidavit in question was tendered as exh 1 in these proceedings. More
1. This is an application for leave to appeal out of time and to prosecute the appeal in person. The applicant is dissatisfied with his conviction on two counts of rape as defined in s 65 of the Criminal Law Code. He also is aggrieved by the sentence of 15 years imprisonment imposed on him in respect of each count. Of the total 30 years imprisonment the trial Court suspended 5 years imprisonment for 5 years on the usual conditions of good behaviour. More
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
