This is an appeal against the decision of the Labour Court dismissing an appeal against the determination of the second respondent, the Registrar of Labour, to register the first respondent as a trade union. The appellant is an organisation of bankers, while the first respondent was formed to represent the interests of managerial employees in the banking, finance and allied industry. More
On 5 July 2012 the Honourable P Shawatu made an arbitration award. The operative part ruled that,
“1. The parties i.e. Zibawu and Beaz, are hereby ordered that clause 6 of the July
2010 to December 2011 Collective Bargaining Agreement meant that the year
on year inflation figure for every Collective Bargaining Cycle was to be used as the starting point in negotiating salary increases in each and every Collective Bargaining Cycle.
2. The parties are further ordered that the appropriate percentage is 10% which should be used to adjust the salaries for the period 1 January 2012 to 31... More
This is a court application in which the Applicants are seeking an order that the following matters: HC 2480/20, HC 2942/20, HC 3004/21, HC 2896/21 and HC 2875/20 be consolidated. That application besides exciting a counter-application has since been concluded by consent and resulted in the consolidation of matters HC 2480/20 and HC 2942/20, as the other matters have fallen by the way-side for one reason or another. Zhiqiang Gao and GUIBIAO ZHANG have sought the consolidation of HC 2480/20, HC 2942/20 and HC 4303/21 in a counter application and that counter application is opposed. More
The first plaintiff is the Baptist Convention of Zimbabwe, a duly constituted common law universitas of religious discourse capable of suing and being sued in its name. The second plaintiff is Ngezi Baptist Church, an affiliate member of the first plaintiff, and also a voluntary religious association capable of suing and being sued in its own name. All the defendants are the members of the Ngezi Baptist Church (second plaintiff) who sought to be dissociated with the governing body which is the Baptist Convention of Zimbabwe (first plaintiff) after the first plaintiff made certain amendments to its Constitution. More
The English phrase which reads ‘Let sleeping dogs lie’ carries a lot of meaning with it. Whoever coined the phrase as such must have done his homework. He must have applied his mind to the same. He must, in my view, have realised that, when a person calls at another’s home and finds the dogs at the residence in a sleeping mode, the risk of him being bitten by them is less where he allows them to continue to enjoy their sleep than when he does anything which disturbs their sleep. He must have realised that the moment that he... More
The Applicants are former employees of the Respondent. The Respondent is a registered company engaged in the beverage manufacturing business. In February, 2011, the Respondent moved premises to the Cold Storage Company premises. By end of May, 2011 electricity had been disconnected from the premises. This resulted in reduction of the business by 20%. The Respondent continued to pay its employees whist awaiting reconnection of electricity supplies. Electricity was restored in October, 2011 but was then disconnected in June, 2012. The electricity supplies have not been reconnected to date. More
On 24 August 2018 I heard an application for spoliation and granted the following order in favour of the applicant after delivering an ex tempore judgment.
“It be and is hereby ordered that÷
1. Applicant is restored unhindered possession of stand 8282 Kirkman Gardens, Harare and second respondent shall forthwithremove 1st respondent and his cabin from stand 8282 Kirkman Gardens, Harare.
2. 1st respondent is ordered to maintain peace and applicant’s undisturbed access to stand 8282 Kirkman Gardens Harare.” More
J: This is an application for confirmation of a provisional order that was granted on 25 November 2016. The relief that is now being sought is an order declaring the applicant to be the owner of stand number 7804 Belvedere West, Harare More
This is an appeal against a judgment by a Magistrate sitting at Gokwe Magistrates Court. The plaintiff and defendant in the court a quo are the appellant and respondent respectively in this appeal. The parties were in an unregistered customary union. More
This is an application for summary judgment wherein the applicant seeks the following relief:-
(a) An order evicting the respondent from premises known as 36 Miranzi Road, Kambanji, Harare.
(b) Payment of arrear rentals in the sum of US$16 00 for the months of July 2009 to December 2009.
(c) Holding over damages at the rate of US$300 monthly from January 2010 up to the time the respondent vacates or is enacted from the premises, and
(d) Costs of suit. More
This is an appeal against part of the judgment of the Magistrate sitting at Harare Civil Magistrate court on 7 December 2021.The second appellant and the respondent are husband and wife married on 22 September 1993 under [Chapter 5:11] and their marriage still subsists. See exhibit 1 (the marriage certificate). Both jointly owned Stand Number 5868 Westlea, Harare, and regarded it as their matrimonial home as per exhibit 2 (the memorandum of agreement signed by the parties). The first appellant and the respondent are blood sisters. More
[1] This is an appeal against a judgment of the Labour Court dismissing an application for the review of an arbitral award in favour of the first respondent. The second respondent is the arbitrator whose award is the genesis of the application for review. The arbitrator did not file papers in the court a quo and did not appear before this Court. As a consequence, there is only one respondent. After hearing the parties in this matter we allowed the appeal with costs. The substantive order will be set out in detail after the discussion of our reasons for judgment... More
The respondent was dismissed from the appellant’s employ following disciplinary proceedings. On appeal to the G & DC Appeals Committee, the respondent was successful. The G & DC altered the severity of the charge. It alsoreversed the dismissal penalty to a final written warning. This aggrieved the appellant and it appealed to the National Employment Council Appeals Board of the Banking Undertaking (NEC). The NEC declined from considering the merits of the case and dismissed the appeal noting that the appeal had been noted a day out of time. The time frames are set out in the applicable Code. More
Respondent was employed by the Appellant as a clerk for 24 years. She was stationed at the Appellant’s Borrowdale Branch. Respondent, like any other employee of Appellant was entitled to a school fees benefit. To access such benefit, Respondent had to submit acceptable documentation from the school attended by her children. More
This is an application for the joinder of the first respondent as a third party in Case No. HC 12970/12. The application was instituted in terms of Order 14 Rule 93 of the Rules of this Court. The application is opposed by the first respondent. After hearing argument from counsel I granted the relief sought with some amendments to the draft order and gave brief reasons. I indicated to the parties that my full written reasons would be given upon the request of either party. The first respondent has written a letter requesting to be furnished with the written reasons... More
