This is a consolidated matter, an appeal against an arbitral award and a review of the same award. The two matters were filed separately under case numbers LC/H/496/11 and LC/H/489/11. An application for the consolidation of both matters was made. This Court granted the application.
The background to this case is as follows:
The Respondent was employed by Appellant as Information and Documentation Officer on a contract for a period of three (3) years from July 2002. The contract was to expire on 12 July 2005. On the 29th of July 2005 Appellant wrote to Respondent advising him that the... More
This is an application for stay of execution. The Registrar of Labour handed down a determination on the 7th of September 2015 which found that there was an overlap in the scope of coverage between the applicant and the first respondent. She went on to diminish the applicant’s scope of coverage by excluding toilet preparations, detergents, soaps, candles, waxes and polishes. It was directed that all companies which manufactured the aforementioned shall fall under the first respondent’s industry and that administrative arrangements be put in place to secure employee benefits. More
This is an application in terms of Section 46 (a) of the Labour Act, [Chapter 28:01], wherein it is sought that the Court determines under which employment council the business operations of the first respondent fall.
The Applicant is an Employment Council registered in terms of the Labour Act. It is responsible for regulating the Catering Industry in terms of the Collective Bargaining Agreement: Catering Industry (General Conditions) Statutory Instrument 167 of 1991. More
What remains standing out as the only defence which the respondent is clutching to, as if life itself depends on it, in resisting this application for summary judgement in the sum of $31 238-00 in statutory dues, is that the applicant should have supplied the further particulars it requested on 27 October 2015 to particularise how the sum claimed is arrived at and the basis for claiming interest from January 2014. That interesting state of affairs was achieved after Mr Chiwara for the respondent and myself had exchanged notes as a result of which he promptly abandoned the other three... More
The plaintiff issued summons against the defendant, claiming payment of $106 665.24 comprised of outstanding council levies, pension fund dues and trade union contributions due on a collective bargaining agreement for the catering industry.The defendant raised a special plea that all claims prior to 1 September 2012 had prescribed. For the unprescribed amount, the defendant had no obligation to meet the same as it was unconstitutional to force it to belong to any employer’s organisation contrary to its right of freedom of association, and further and in any case, the statutes relied on by plaintiff to ground its claim were... More
The facts and legal background of the matter are common cause: at all material times the defendant was a member of the pension fund for the National Employment Council (NEC) for the Catering Industry as required by s 8 of the Industrial Agreement: Catering Industry, S.I. 359 of 1980. On 10 March 2016 defendant notified plaintiff in writing of its intention to cease its membership with the plaintiff’s pension fund and to stop all contributions by 1 April 2016.
Plaintiff advised defendant that it could not resign membership but ought to seek exemption. Defendant was subsequently denied such exemption. On... More
This is a Court Application for Summary Judgment being made in terms of Rule 30 (1) of the High Court Rules, 2021. The facts are that on 4 May 2022 the respondent acknowledged its indebtedness to the applicant in the sum of ZWL$5 830 703.22 (Five Million Eight Hundred and Thirty Thousand Seven Hundred and Three Zimbabwean Dollars and twenty-two cents) being unremitted levies up to March 2022. On the same acknowledgment of debt, the respondent undertook to service the debt as follows:
a) May 2022 ZWL$ 1 685 174.34
b) June 2022 ZWL$ 1 685 174.34
c) May 2022... More
In an application for the review of the decision of the Registrar of Labour the 4th respondent raised a point in limine to the effect that it had been improperly joined to the proceedings. In response to that the applicant mentioned that there was no misjoinder taking into account the fact that it was the objection by the 4th respondent at the Registrar which birthed the Registrar’s refusal to register applicant’s CBA. It is clear from the record that had it not been for the objections by the 4th respondent the applicant’s CBA would have been registered by the Registrar.... More
After hearing argument, I granted the application and indicated the reasons will follow. These are they. This is an application for leave to execute judgment pending an appeal against the judgment dated 7 March 2007 given under case HC 3796/06. More
The Applicant seeks in this application to have reviewed the decision by the 1st and 2nd Respondents, jointly or one of them with the approval of the other to approve an investigator to investigate the affairs of the Applicant contrary to the provisions of Section 63 and Section 63A of the Labour Act [CAP 28:01] and without any other legal basis whatsoever. The 1st and 2nd Respondent announced the appointment of the investigator in a letter dated 22 January 2024 (attached as Annexure 4 to Applicant’s papers). There is attached to this letter a letter containing a complaint addressed to... More
This is an appeal against the determination of the Registrar of Labour where he allowed the registration of the Progressive Engineering, Metal Trades and Allied Workers Union (PEMTAWU) in the face of opposition by General Engineering, Metal, Iron, Steel and Allied
Workers Union (GEMISAWU), National Engineering Workers Union (NEWU) and Automative and Allied Workers Union of Zimbabwe (AAWUZ). Background to the matter is that PEMTAWU applied for registration as a trade union in terms of section 33 of the Labour Act. Such registration was challenged by GEMISAWU, NEWU and AAWUZ. After hearing oral submissions and looking at documentary evidence tendered... More
This is an appeal against the judgment of the Labour Court (the court a quo) sitting at Bulawayo handed down on 31 May 2022 which ordered the appellant to pay to the first respondent the sum of ZWL 11 417 548.17 and to the second respondent the sum of ZWL 2 951 701.67. The court a quo ordered these amounts to be back dated increments on the salaries the respondents earned during the period 2002 to 2008, inclusive of interest at the rate of 5% per annum for 14 years. More
On 17 May 2011 I dismissed an urgent application wherein the applicant sought the following relief:-
“FINAL ORDER SOUGHT
It is ordered that:-
1. The Arbitration award by Arbitrator Chimhuka issued no 28 April 2011 be and is hereby registered as an order of this Honourable Court.
2. The Writ of execution issued by the Registrar on 23 April 2011 under case No. HC 1926/11 be and is hereby set aside.
3. Messrs Sakala and Company be and are hereby ordered to pay the costs of this application de bonisprepriis on a higher scale alternatively first, second and third respondents... More
The plaintiff claims damages based on the following common cause facts;
An entity known as Superbake trading as Trinpac Investments (Pvt) Ltd, [Trinpac] and Medworth Properties (Pvt) Ltd, [Medworth], applied for a credit facility from the plaintiff. Superbake agreed to transfer its rights, title and interest in Stand 10482 Seki Township, [hereinafter referred to as the stand], as security for the debt.The plaintiff commissioned production of a valuation report of the stand. A mortgage bond was registered over the property and the stand was valued at $250 000.00. Superbake defaulted. The plaintiff entered into an agreement with its debtor in... More
