The background facts to this matter are largely common cause. The respondents were employed by the applicant as security guards on fixed term contracts renewable every three months. Their duties were in respect to the applicant’s quasi fiscal activities which were finally wound up in the first quarter of 2011. The respondents’ period of employment ranged from 2007 and August 2008 to January and April 2011 when their contracts expired by effluxion of time and were not renewed. More
On 16th September 2011 the Honourable C Mesikano made an arbitration award. Amongst other things he ordered Appellant to pay Respondents an amount of US$9, 363, 362.18 with immediateeffect. Appellant then appealed to this Court against the award. Respondents opposed the appeal.
Two developments occurred in this Court which require recording. Firstly Appellant withdrew its Notice Of Amendment tothe grounds of appeal. The withdrawal was made orally at the commencement of oral arguments. Respondents had no issue/s with the withdrawal. That left the original grounds of appeal intact. Secondly both parties’ attorneys agreed to amend the citation of the parties... More
This is an appeal against the whole judgment of the Labour Court (“the court a quo”), dated 10 June 2022. The judgment was passed in respect of two consolidated appeals that were filed before it. In that judgment the court a quo upheld the respondent’s appeal against dismissal from employment and ordered his reinstatement or alternatively, the payment of damages in the event that reinstatement was no longer possible. More
In September, 2016 the applicant purchased the mining business from Old Nic Mine. It undertook to employ the mine’s former workers. Its undertaking was premised on the condition that the workers would not claim from it any money which was due to them from Old Nic Mine for the period that they were on unpaid leave. A majority of the mine’s former workers agreed to the condition. They were therefore re-engaged and their contracts of employment taken over and carried forward by the applicant. The respondents did not agree to the condition which the applicant proposed to others and them.... More
In a judgment handed down on 12 May 2015 Justice Smith (Retired), found the appellant guilty of various acts of misconduct, in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006. The retired judge was the Hearing Officer in a disciplinary hearing convened by the respondent, to determine various allegations of misconduct levelled against the appellant, during his tenure as General Manager Finance, Zimbabwe Broadcasting Holdings (Pvt) Ltd. Consequent to his conviction on the charges of misconduct, the respondent’s Board of Directors terminated the appellant’s contract of employment. More
The appellant was convicted on his plea of guilty to contravening s 28 (2) of the Firearms Act [Cap 10:09]. He was sentenced to pay a fine of Z$2 000 or in default, four days imprisonment. He now appeals against both conviction and sentence.
The agreed facts were that on 29 September 2006 and at 2030 hours the appellant drove along Harare-Bulawayo road and upon reaching Selous Shopping Centre he parked his Isuszu KB 250 pick-up truck. He disembarked from the motor vehicle and went into the shop. Upon his return he discovered that his pistol had been stolen from... More
At the commencement of the proceedings, 2nd Appellant informed the Court that Appellants were waiting for a Mr. Mangwende who was coming to present the matter on their behalf. Mr. Mangwende’s motor vehicle was alleged to have broken down near Mutare. The Court inquired from 2nd Appellant whether this Mr. Mangwende was a legal practitioner or trade unionist. It turned out that he was neither. The court informed 2nd Appellant that in the result Mr. Mangwende could not present their case having regard to the provisions of section 92 of the Labour Act. Appellants thereafter made a decision to have... More
The Appellant was employed by the Respondent on a fixed term contract from 28 July, 2009 to end of June, 2010. The Appellant then absented himself from duty without leave from 21 September, 2009 to 16 October, 2009. This was during examination time when he should have been part of the invigilating team and when he should have been present when students wrote his examination paper. More
The appellant, a self-actor, issued summons out of the Magistrates Court, Bindura, wherein she sought the eviction of the respondent from stand 2030, Garikai Tsungubvi, Glendale in Mazowe District. The court a quo dismissed her claim with costs. Dismayed by that outcome she filed the present appeal against the decision of that court. More
The appellant worked for the respondent as an I T Support Officer at Head Office in Harare. He was charged with misconduct (gross incompetence or inefficiency in the performance of work). He was found guilty and then dismissed from employment. He appealed against his dismissal to the respondent’s appeals machinery. On 27 January 2014 the Final Appeals Committee dismissed his appeal. He then appealed to this court. The respondent opposed the appeal. More
This is an application for condonation and extension of time within which to appeal.
At the hearing, I allowed the parties to argue both the preliminary points and the merits of the application. I, however, indicated that if I determined the matter on the preliminary points, I would not delve into the merits.
On 29 March 2019, the High Court at Harare, in an urgent chamber application for the stay of execution of a judgment brought by the applicant against the respondents, made the following order:
“1. This matter be struck off the urgent roll.
2. Applicant is barred from... More
On 5 December 2016, the plaintiffs sued the defendants. They couched their prayer in the following terms:
“1. It be and is hereby declared that 1st Plaintiff is the lawfully appointed President and
Overseer of the Apostolic Faith Mission of Africa, a church duly registered (sic) a
notarial deed by the 3rd defendant. More
The appellant issued summons in the court below claiming US750.00 for the value of his generator leased to the respondents including interest at the official rate and costs on the higher scale. The respondents had failed to pay for the generator as agreed which he now wanted returned in terms of its value. The appellant had applied for summary judgment a month after the respondents had filed a special plea which had however not been pursued prior to this application for summary judgment. The special plea was in essence that the same matter was lis pendens under 1311/20 in which... More
