The present appeal was noted against an arbitral award handed down on 8 August, 2013.
The appellant was employed by the respondent. She was engaged on the 1 June 2007 on the basis of a fixed five year contract which was renewable annually. The contract was due to terminate in December, 2012. In 2008 however due to economic and financial constraints the respondent decided to vary the employment contract from five year contract to a short term contract i.e one year fixed term which was renewable at respondent instance. More
At the onset of oral argument in this Court, respondent raised two (2) points in limine which appellant opposed. The points shall be dealt with ad seriatim.
A. That the appeal is fatally defective for want of valid grounds of appeal:
B. That the relief sought is incompetent More
This is an appeal against the whole judgment of the Labour Court dismissing the appellant’s appeal against the decision of the appeals committee and confirming her conviction on misconduct charges and the subsequent penalty of dismissal from employment. More
Appellant worked for Respondent as a Claims Assessor based in Harare. She was charged with misconduct. A hearing was held. By letter dated 11th May 2016 Respondent convicted her and then terminated her employment. She appealed against the outcome. On 27th May 2016 Respondent’s Appeals Authority dismissed the appeal. She then appealed to this Court against the Authority’s decision. More
This is an application for review in the matter between Pianos Mubaiwa (employee) and BOC Zimbabwe (Pvt) Ltd. (former employer).
The following are the relevant background facts to the matter. The Applicant was employed by the 1st Respondent from 2002 until 2021 when he was dismissed. He was at the time of his dismissal occupying the position of a Distribution Officer. More
Appellant was charged with and found guilty of conduct inconsistent with the fulfilment of the express or implied conditions of service. The facts that gave rise to this charge were that, Appellant failed to supervise his subordinates resulting in two of his subordinates defrauding the Respondent. He failed to supervise the updating of the Fund’s cash books and reconciliation of all bank statements on a monthly basis. He also failed to ensure compliance with set control procedures. More
On the 30th January, 2013 this Court dealt with an application for quantification of damages, the judgment which was delivered on the 2nd August, 2013. More
This is an application for quantification of damages following this court’s ruling that ;
“the Respondent be and is hereby ordered to reinstate the Appellant with no loss of salary and benefits with effect from date of dismissal
Or
In the event that reinstatement is no longer possible the Respondent be and is hereby ordered to pay the Appellant damages as agreed between the parties in lieu of reinstatement. Should parties fail to agree either party is free to approach the court for quantification “ More
On 25 January 2024, the parties appeared before me in an application for rescission of a default judgement. I dismissed the application. The applicant requested that I give reasons for my order and these are they.
Background facts
the applicant employed the respondent before preferring charges of misconduct against him. He was charged and found guilty and dismissed from employment. The respondent was aggrieved with the outcome of the disciplinary proceedings the respondent noted an appeal to the labour court. This was on 27 April 2023. The notice of appeal was served on the applicant’s office on 4 May 2023 More
The applicant leased Highway Service Station in Macheke to the first respondent on 1 February 2012. The lease has a life span of 12 months. The applicant paid the agreed rentals for the full 12 months period in the sum of US$7 200.00. More
This is an application for setting aside of an arbitral award in terms of Article 34 (2) of the Model Law as set out in the Arbitration Act [Chapter 7:15]. More
On 27 April 2017 the fourth respondent (Turfwall Mining) obtained a provisional order against one Siphiwe Dube (Dube), interdicting her and all her employees from conducting all forms of mining on the five disputed claims pending confirmation or discharge of the provisional order. The disputed claims are the following: - Legion C claim number 102224BM; Legion D claim number 10225BM; Legion F claim number 10226BM; Legion 13 claim number 33216 and Legion 14 claim number 33217. Dube appealed the provisional order to the Supreme Court, and in Dube v Turfwall & Ors SC 10/17 the court found that she lied... More
On 31st October 2012 this Court made an order the relevant portion of which read,
“1. The Respondent being barred in terms of Rule 19 for not filing Heads Of Argument, the appeal be and is hereby granted and arbitral award of the Respondent by H.R. Matsikidze dated 27 January 2012 is hereby set aside.” More
This is an application for bail pending appeal against conviction only. At his trial the applicant was facing three counts of rape as defined in section 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
