1. This is an appeal against the judgment of the Labour Court handed down on 20 March 2015 dismissing with costs, an appeal by the appellant against an arbitral award in favour of the respondent. More
On 9 April 2021 the Plaintiff issued a summons out of this court claiming (a) An order for payment in the sum of US$ 135 931.36 or its ZWL$ equivalent at the prevailing rate on the date of payment being arrear rentals owed to the Plaintiff by the Defendant.
(b) An order for the cancellation of the lease agreement between the parties.
(c) An order for ejectment of the Defendant and anyone claiming occupation through him.
(d) An order for holding over damages at the rate of USD$ 433.00 per day starting from the 1st of May 2021 to the... More
This court allowed respondent’s appeal against the decision of applicant’s Appeals Officer. The applicant is dissatisfied with that decision and seeks to approach the Supreme Court. This is therefore an application for leave to appeal in terms of section 92 F of the Labour Act [Chapter 28:01]. More
This is an appeal against an arbitral award that was handed down by Honourable P. Mutsinze on 11th September 2012. In terms of the award the Respondent’s suspension from employment was ruled to be unlawful, Appellant was ordered to reinstate the Respondent and institute fresh disciplinary proceedings. More
This is an application for condonation for late filing of a Notice of Response.
The Applicant was served with a Notice of Appeal on 21st May 2013. In the Notice of Appeal, the Respondent is challenging the decision of the Applicant company’s Appeals Officer, who confirmed Respondent’s dismissal from Applicant’s employment for misconduct. More
This is an application by the Applicant Company for interim relief in terms of Rule 34 of the Labour Court Rules. It is seeking the stay of the arbitral award which was made in favour of the Respondent employee and which it has now appealed against in the Labour Court. More
The brief background of this matter is that Respondent was employed by Appellant as a Kitchen Poter in October 2006. He rose through the ranks to become a Commis Cook at the time of his dismissal. In November 2008 the Respondent received a letter of suspension alleging that he had breached;
“Theft- Gross
Unlawful and intentionally appropriating property belonging to the company or in possession of the employer, other employee’s or guests with the intention of permanently depriving the other of it.” More
It is not the function of the courts to make a contract for the parties or to rewrite a contract entered into between the parties. Neither is it open to the courts to excuse any party to a contract from the imperatives of the contract they have freely and voluntarily accepted on the basis that it has become too onerous or oppressive. In addition, it is not allowed to read into the contract some implied or tacit term that is in direct conflict with its express terms. See Magodora & Ors v Care International Zimbabwe 2014 (1) ZLR 397 (S)... More
When this matter came up for hearing, the respondent’s legal practitioner argued that the record was not a true reflection of what had transpired during the hearing. More
Sometime in or around November 2015 and at Harare the plaintiff and the defendant entered into an agreement in terms of which the defendant agreed to repair and fit 3 500 seat holding brackets at the plaintiff’s Rainbow Towers Hotel and Conference Centre. The total cost of repairing and fitting the 3 500 seat brackets was quoted by the defendant at US$50 015.00. More
The appellant appeals against the whole judgment of the Labour Court sitting at Harare, being judgement LC/H/74/17 handed down on 10 February 2017. More
This matter has its dispute steeped in oral African Customary principles of succession concerned with the nomination and appointment of the fourth defendant as headman Mubaiwa which the plaintiff is challenging, arguing that he is the rightful candidate to be declared headman of the Mubaiwa people. More
The facts of this matter are that on 27th June 2012 the Appellant phoned the Acting Sergeant Major and advised that he was not feeling well.
On 28th June 2010 he phoned again the same officer and said he had to travel to Bulawayo on an emergency as his uncle was unwell. Appellant advised his superior that he would be sending a letter.
When the Acting Sergeant Major discussed with the superior Nyamwisa he confirmed that he too had received a similar phone call from the Appellant and that they were waiting for the letter he had said he would... More
