The matter was placed before me as an application for an order in terms of Section 93 (7) of the Labour Act [Cap 28:01]. Whereas initially the Applicants were three one of the Applicants withdrew his matter. The two Applicants before the court were Ranganayi Simon and Cosmas Bhasera.
In his founding affidavit the 1st Applicant, Ranganayi Simon averred on oath that; he was a former employee of the 1st Respondent. The 2nd Respondent is a Designated Agent for National Employment Council for the Food Industry. He was the conciliator in the two disputes that have given birth to the... More
This is an appeal against the judgment of the Labour Court dated 16 October 2016 in which the court a quo upheld the appellant’s conviction on a charge of improper association with his minor pupil by having sexual intercourse with her and giving her family planning tablets. Following his conviction on the above charge the appellant was dismissed from employment. Leave to appeal was granted by this Court on 24 March 2016 and condonation for late noting of appeal and extension of time within which to note the appeal was granted on 31 August 2017. More
1.This is an appeal against conviction only.
2.The appellant was convicted of impersonating a public official in contravention of s179 (1)(a) of the Criminal Law Code and of reckless driving as defined in s53(2) of the Road Traffic Act [Chapter 13:11] (the Act).
3.The two issues that arise in this appeal are these. First, whether the trial court’s factual finding that the appellant impersonated a public official defies reason and common sense. Second, whether the appellant’s admitted manner of driving amounted to reckless driving.
4.We find against the appellant on both issues. Consequently, we uphold the judgement rendered a quo.... More
This matter was placed before me as an appeal conjoined with an application for review. The determination by the Health Services Board was handed down on 22 October 2015. For convenience the Appellant/Applicant shall be referred to throughout as Appellant.
The material background facts to the matter are as follows;
The Appellant was employed by the 2nd Respondent as an Accounting Assistant. Hewas based at Kotwa Hospital. He was placed on suspension on the 4th of November 2013 to the 4th of February 2014 following allegations of misconduct more particularly, that he had failed to take reasonable care or account... More
The application placed before me is for quantification of backpays and benefits following the Applicant’s reinstatement into his original position. The application is filed in terms of section 89 of the Labour Act [Chapter 28:01] as read with rule 14 of the Labour Court rules, 2017. More
The plaintiff seeks in this matter an order declaring as null and void an agreement of sale entered into by and between Kingdom Mutungwazi and Ezekiel Mtapuri in respect of an immovable property called Lot 3 of Zuvanyika measuring 5.3523 Morgen including what is described as a 16 rooms compound.
After the closure of the plaintiff’s case an application for absolution from the instance was made on behalf of the defendant. The application was dismissed with costs on 20 June 2009.
The trial resumed and after the closure of the defendant’s case the parties were directed to file written closing... More
The appellant was employed by the respondent as a school teacher. He was dismissed from employment following disciplinary proceedings on charges of improper association with a 14 year old minor who was also one of his students. In order to protect the privacy of the minor, the minor will be referred to as ‘X’. More
The applicant was an employee of the respondent. Following allegations of misconduct, applicant was charged in terms of the respondent’s Code of Conduct.
Applicant was found liable and the employment contract was terminated. The applicant appealed to the NEC Appeals Board “the Board”. The Board after considering the matter remitted the case to the respondent to address the procedural irregularities identified by the Board. The Board did not address the merits of the case. More
The background of this matter is that the applicant is a former employee of the first respondent .The two parted ways. When they so parted ways there were some sums of money due to the applicant from the first respondent. This is not disputed. The first respondent did not fulfil its obligations to pay the applicant. This led the applicant to approach a labour officer ,2nd respondent, in terms of s93(5a)and (5b) of the Labour Act,[Chapter 28:01] (the Act).The 1st respondent did not deny its liability, as a result a ‘ Certificate of Settlement’ was signed before the second respondent.... More
MAKONESE J: Section 274 of the Criminal Law Codification and Reform Act (Chapter 9:23) provides that where a person is charged with a crime the essential elements of which include the essential elements of some other crime, he or she may be found guilty of such other crime, if such are the facts proved and if it is not proved that he or she committed the crime charged. The effect of this provision in our law, is that where the evidence led and proven facts are found that another cognizable offence at law, other than that in the charge sheet... More
This is an appeal against the determination of the respondent’s Chief Executive Officer (CEO) dated 22 November 2019, in terms of which the appellant was dismissed from employment.
The brief facts of the matter are that the appellant was employed by the respondent as a driver. He was charged with misconduct in terms of the Collective Bargaining Agreement: National Employment Council for the Transport Operating Industry, Statutory Instrument 26 of 2017. More
The applicant seeks condonation for filing his application for rescission of judgment out of time. The application has its roots in case No. HC 57/17 wherein respondent (then plaintiff) sought an order for the sharing of property acquired by the parties during the subsistence of their unregistered customary law union. More
: what defendant and the plaintiff (“the parties”) placed before me is what I may refer to as an exception –within-an exception. Its genesis is that, the plaintiff sued the defendant under the law of delict. He claimed certain sums of money from the plaintiff, his former employer, in the form of the damages. He grounded his suit under the Acquilian action,
The plaintiff served his summons and declaration upon the defendant on 17 November 2020. The defendant entered appearance to defend on 26 November, 2020 after which it, on 11 December 2020, wrote a letter of complaint to the... More
This is an appeal against sentence. The appellant was convicted by a Harare court on a charge of fraud in contravention of section 136 of the Criminal Law (Codification and Reform) Act Chapter 9.23. The allegations were that sometime in February 2011 the complainant told the appellant that he had just obtained a provisional driver’s licence and that he intended to obtain a driver’s licence. The appellant then told the complainant that he could process him a driver’s licence upon paying him $300.00 which was to be forwarded to a VID person. By June 2012 nothing had been processed. The... More
