The Respondent was formerly employed by the Appellant as a Driver. He was dismissed from employment on 22 October 2021 following disciplinary proceedings. The charge that had been levelled was that of breach of Schedule 4;3 and 4:10 of the National Employment Council for Welfare and Educational Institutions (NECWEI) Employment Code of Conduct. More
This is an appeal against an arbitral award on quantification of damages. The arbitrator had issued an award on 20 September 2015 ordering reinstatement of the respondent failing which either party could approach the tribunal for quantification. The arbitrator quantified the damages due to the respondent basing on written submissions and oral evidence. More
This is an application for condonation of late filing of an application for review of respondent’s decision declining allocation of land to applicant for the benefit of its members. More
On the 13th December 2018 at Harare, Arbitrator S. Nehowa made an award. She ordered Appellant (employer) to reinstate Respondents (employees) without loss of salary and benefits. Alternatively she ordered the employer to pay the employees damages in amounts either agreed by theparties or quantified by her. The employer then appealed to this Court against the award.
The 1st ground of appeal charged that the Arbitrator made a determination “against a non-legal persona as cited despite a preliminary point having been raised and not disposed on the record by the Tribunal” More
This is an appeal against a judgment of the Labour Court dated 27 September 2013. After hearing argument we made an order allowing the appeal in part and indicated that the reasons thereof would be availed in due course. More
This is an appeal against the decision of the National Employment Council for Welfare and Educational Institutions Appeals Committee ( the Appeals Committee)which was handed down on the 7th of December 2023. In the present appeal the appellant has raised 3 grounds of appeal. The matter was heard before me on 3 March 2024. More
TSANGA J
This is an opposed application for amendment of summons and declaration with costs sought on a higher scale. The applicant alleges that she had been given the impression that the respondent does not have any source of income until she came across his bank statement. She had a claim for maintenance of children and sharing of property on divorce and hence deems the amendment crucial to those claims. More
The appellant is a former owner of Clifton of Lang, Mberengwa, measuring 2025, 8116 hectares (the farm). The farm was acquired by the Government and became State land in terms of the Government Gazette Extra Ordinary Volume LXXVIII No. 50, General Notice 457A of 2000 published on 6 October 2000. More
The background facts to this matter are that respondent was initially offered employment as a teller by appellant. He was to be employed with effect from 1STApril 2010. On the day of commencement of work, the 1STApril 2010, appellant terminated (the first termination) respondent’s employment on the allegation that he had failed to meet certain security requirements. Respondent challenged this through the Ministry of Labour on the basis that appellant had relied on incorrect information. Appellant reconsidered its position and reinstated respondent on 29THMay 2010. More
This is an appeal against the whole judgment of the Labour Court dated 25 September 2017. The facts giving rise to the appeal are by and large common cause. More
This is an appeal against the decision of the Appeals Board of the National Employment Council for the Banking Undertaking (Appeals Board). The Appeals Board set aside the dismissal of the respondent, and ordered the appellant to reinstate him without loss of pay and benefits. The appellant’s Hearing Officer had dismissed the respondent from employment after finding him guilty of misconduct. More
The plaintiff is a registered commercial bank. On 15 October 2003 it issued summons against the defendant. On 1 March 2004 the defendant excepted to the summons and declaration. The exception was upheld by this court on 31 January 2005. It was granted in default. As a result of the order granted therein the plaintiff filed an amended declaration on 18 February 2005. The defendant then sought further particulars on the amended declaration which particulars were filed on 18 May 2005. On 15 June 2005 the defendant filed an exception to the amended declaration. On 21 July 2005 the plaintiff... More
Barrack Obama in his work titled “The Audacity of Hope: Thoughts on Reclaiming the American Dream”, 2007 Canongate Books at p.48, posited that:
“The legal profession tends to place a premium on winning an argument rather than resolving the problem or arriving at the truth.”
The above is properly called being eristic. Depending on one’s persuasion, it can be either a trait or a virtue. There were times in the course of reading the papers in this application and during argument that I couldn’t help but think that one or the other of the parties was being eristic. Both counsel... More
This is a simple application for an anti-dissipation interdict barring the first respondent from selling or in any way disposing of his property known as certain piece of land situate in the district of Salisbury called Stand Number 5428 Budiriro Township of Willowvale Estate held under Deed of Transfer 2686/98, pending finalization of applicant’s suit against the first respondent under Case Number HC 3320/17. The basis of the application is that the first respondent is a former employee of the applicant. He was employed as the Chief Teller at applicant’s Minerva Banking Suite. As part of his day to day... More
