This is an appeal from the Magistrates Court sitting at Mwenezi. The respondent made an application for a “Peace Order” and interdict. The application was opposed. The court a quo found for the respondent and made the following order:-
“Application for interdict is hereby granted as follows-
1. Respondents are hereby ordered not to disrupt meetings called by applicants pursuant to her duties as village head.
2. No order as to costs.” More
Initially my sister CHIGUMBA J after going through the papers filed opined that this application failed to meet the requirements of urgency and consequently ordered that the matter be removed from the roll of urgent matters. More
This is an appeal against a determination of the disciplinary authority/hearing officer of the respondent.
The appellant was employed by the respondent and was responsible for the weighbridge when it was alleged that he had been collecting money from weighbridge customers and had converted some of the money to his own use on 30 July 2014. He was then charged in terms of section 4 (a) and (d) of Statutory Instrument 15 of 2006 being “any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract” and “theft or fraud” respectively More
The applicants are game scouts at Bubiana Conservancy in Gwanda. They are facing a charge of murder as defined in section 77 of the Criminal Law (Codification and Reform) Act (Chapter 9:22). The applicants deny the charges. They have filed this application seeking bail pending trial. They aver that there are suitable candidates for bail and that there is no risk of abscondment. The state has opposed the application. The state argues that the applicants have offered a bare denial and the evidence against them is overwhelming as borne by the allegations in the Request For Remand Form 242. The... More
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
Facts leading to this application as follows; -
Applicant who was in the respondent’s employment as a Nutritionist Stock Feed was suspended from employment on 26 February 2024 on allegations of engaging in conduct inconsistent with conditions of her employment and habitual and substantial neglect of duty in contravention of the Model Code. 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
The matter was placed before me as a chamber application for leave to appeal. The application was filed in terms of Section 92F (2) of the Labour Act [Chapter 28:01] as read with Rule 43. The Applicant intends to appeal against a judgement of this court handed down on 31st August, 2024 under case number LC/H/371/23. The judgement reference number is Labour Court/H/353/24. The parties appeared for the hearing on the 26th of November 2024. After listening to submissions by the parties on the preliminary points as well as the merits the court reserved judgement. On the 9th of December... 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
