: The applicants and the 2nd respondent have in common certain rights and interests in Cardigan Farm, Kadoma, Mashonaland. The 1st applicant claims to be the owner of the farm in question. In addition, he jointly owns some registered mining rights with the 2nd applicant. On the other hand, the 2nd respondent is a registered holder of 10 gold reef mining claims on the same farm. The 1st respondent is the Environmental Management Authority, responsible for the issuance of environmental impact assessment certificates to prospective miners as a prerequisite for all mining operations. More
This is an appeal against an arbitral award.
The appellant was offered the position of sales executive by the respondent on 1 March 2012, effective from 5 March 2012. The offer was subject to a three months probationary period. More
On the 19th Of August, 2011, Appellant appeared before a Disciplinary Committee facing a charge of assault. He was found guilty and his contract of employment was terminated.
The minutes of the proceedings detail what actually transpired during the hearing. More
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 rescission is fatally defective for failure to comply with the Labour Court Rules, 2017 as amended. More
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
