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
This is an appeal against the determination in respect of value added tax, VAT, by the second respondent dated 12 June 2014 to an objection raised by the appellant on 2 May 2014. The appeal seeks to determine whether or not the estimates assessed for VATand penalties imposed by the first respondent for the period from 1 February 2010 to 31 December 2013 should stand. More
Applicants worked for Respondent. A collective job action took place. Respondent charged Applicants with misconduct. Thereafter Respondent dismissed Applicants from its employ.
Applicants filed in this Court an application for review of their dismissal. Respondent opposed the application More
This is an urgent application for an order interdicting the first respondent from carrying on mining operations on the applicant’s mineral claims described in the papers as Contrica 9 Registered Number 23331BM; Contrica 21 Registered Number 24482BM; Contrica 45 Registered Number 24866BM; and Contrica 46 Registered Number 24867BM. The order also seeks the barring of the first respondent from coming within two hundred metres of the mining claims referred to above. More
At the conclusion of arbitral proceedings, the arbitrator upheld the respondent’s claim for unlawful dismissal and ordered her reinstatement or alternatively payment of damages in lieu of reinstatement. An appeal against the award to the Labour Court was dismissed with costs. The present appeal is against that order. More
This is an appeal against a judgment of the Labour Court wherein the decision to dismiss the appellant from employment that had been made by the appellant’s Managing Director was set aside whilst an earlier decision by the disciplinary committee that the respondent be issued with a second written warning was confirmed. More
