This is an appeal from the decision of the National Hearing Committee which committee overturned the conviction and penalty of the Disciplinary Committee.
The appellant charged the respondent of an act of misconduct in terms of the company code of conduct. The respondent was charged of committing category 4.1 offence in that he had repeated a category 3.1 offence when he was still serving a penalty for the category 3.1 offence. Category 4.1 offence is Gross Misconduct. The charge arose from failure to communicate to a client on the complaints raised by the client and failure to attend to the... More
Respondent was charged with four acts of misconduct arising out of an act of unlawful re-connecting telephone lines of clients whom Appellant had disconnected for defaulting in their payments for services rendered. More
Two questions arose for decision in this matter; firstly, whether a private company is entitled to bring a private prosecution and, secondly, whether the Attorney-General has discretion to issue or withhold the certificate nolle prosequi where he declines to prosecute at the public instance. The questions arose in the following circumstances.
The applicant, a private company incorporated in terms of the laws of Zimbabwe and focused on telecommunications, discovered a potentially massive fraud perpetrated against it with prejudice of around US$1 700 000 and reported the matter to the police. The police carried out investigations under CID serious frauds and... More
This is an application for rescission of a default judgment entered against the applicant employee in a labour dispute pitting it and the respondent employer. More
The respondent was a senior employee of the applicant, holding the post of commercial director. On account of his employment, he enjoyed the use of a company motor vehicle, a Toyota Prado. On 5 February 2010 the respondent’s contract of employment was terminated pursuant to a disciplinary hearing. The respondent has appealed against that decision of the disciplinary authority. The appeal is pending before the Labour Court. In the meantime, the applicant has sought to repossess the Toyota Prado issued to the respondent on account of his employment, arguing that despite the noting of the appeal, the respondent is no... More
This is an appeal against the mandatory minimum sentence of $374 251 198-00, which was equal to the value of the foreign currency that the appellant dealt in without the approval of the regulatory authority, that was imposed by the Regional Magistrate sitting at Harare on 1 April 2004. This sentence was predicated on her finding that there were no “special reasons”, in this matter, for the imposition of a lesser fine. More
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On 19 May 2014 this Court handed down an order against the employees where the employer had applied to the Court in termsof Rule 19 (3) (a), to have the review application which it had filed with the court to be granted in default of the employees’ filing of heads of argument timeously as required by the rules. The employees through their lawyers have requested this court to furnish them with the full reasons for that order and these are they More
The Respondent was employed by the Appellant as a Regional Site Acquisition Supervisor. The record shows that the Respondent was head hunted by the Appellant through the internet. Prior to joining Appellant he was employed in Uganda. He relocated to Zimbabwe when he got employment with the Appellant. The Respondent’s contract of employment commenced on 10th of December 2009. Less than four months into the job the Respondent was dismissed from employment by the Appellant. The matter was referred to the Labour Officer and consequently to an Arbitrator. The Arbitrator handed down the first award in favour of the Respondent. More
This is an appeal against part of the judgment of the High Court Harare, handed down on 8 August 2018. The part appealed against dismissed the appellant’s application for:
a) an order declaring the Postal and Telecommunications (Licence Registration and Certification) (Amendment) Regulations, 2013 (No. 6) (“S.I 122/ 2013”), to be: -
(i) ultra vires the Postal Telecommunications Act [Chapter 12:05] “the Act”, and therefore,
(iii) null and void; and,
b) an order compelling the first respondent to comply with ‘its statutory obligations’ in relation to the enforcement of s 37(5) of the Act regarding publication of licenses by the... More
On 30 August 2013 the NEC for the Engineering & Iron And Steel Industry made a determination. It ordered that Appellant should reinstate Respondents’ employment. It further ordered that the matter should be reheard by a “properly composed” disciplinary committee. Appellant then appealed to this Court against the determination. Respondents opposed the appeal. The appeal raised both procedural and substantive issues. More
The facts of this matter are well set out in the judgment of my sister MUREMBA J in case number HH 269/17.
It is therefore unnecessary for me to repeat the same facts. I must point out, however, that MUREMBA J did not decide this same application on the merits. Instead, she dismissed the application on the procedural ground that the relief should have been sought through an application for review, rather than a court application for a declaratory order.
On appeal, the judgment in case number HH 269/17 was set aside in its entirety. The Supreme Court remitted the... More
The applicant has been in the business of providing internet services since 1997. It is suing the first respondent (POTRAZ) as a body corporate and authority responsible for the licensing and regulation of telecommunication service providers in terms of s 30 of the Postal and Telecommunications Act [Chapter 12:05]. More
The brief facts of the matter are as follows. The applicant dismissed the respondent from its employ following a hearing conducted by the Regional Hearing Committee. In terms of the applicable Code the National Hearing Committee has the power to vary a decision from its lower tribunal. The National Hearing Committee exercised its discretion and varied the dismissal to a Final Written Warning. This aggrieved the applicant and it appealed to this Court on the basis that the National Hearing Committee misdirected itself by varying the sentence and that it ought not to have interfered. This Court dismissed the appeal... More
The appellant appeals to this Court against the determination made by its appellate body. In brief the respondent was dismissed by the Regional Hearing Committee following disciplinary proceedings. In terms of the applicable Code the National Hearing Committee (NHC) varied the dismissal penalty to a Final Written Warning. This aggrieved the appellant hence this appeal. More
