This is an appeal from the decision of the respondents who dismissed appellant from employment following disciplinary proceedings. An order dismissing the appeal was made. Reasons were to follow. More
On the date of trial the parties agreed to proceed by way of a stated case as they apparently had come to an agreement on the facts that are common cause and relevant for the resolution of the case. More
Parties appeared before an Arbitrator who issued an order in favour of the first respondent on 17 October 2023. Subsequently, the first respondent registered the award as an order of this Court on 3 July 2024 whereby applicants were ordered to pay the respondent the sum of US$29500.00 at 5% interest per annum from 10 January 2023 to the date of full payment. The parties’ immovable property namely Stand No 21795 SEKE T/Ship measuring 226 square metres was declared specially executable. More
This matter emanates from an alleged theft by the applicant from OK Supermarket in Kwekwe on 9 August 2011. The Branch Manager of the 1st respondent was informed of the alleged theft on 1 November 2011. He asked the applicant for his report which was submitted to him on 14 November 2011. In that report, the applicant stated that there was a mix-up and that he had been discharged by the Kwekwe police. He attached what purported to be a clearance letter from the Officer-in-Charge Crime. It should be noted that the applicant’s letter is dated 12 November 2011 and... More
Applicant was employed by the respondent as a line worker. Following allegations of misconduct, applicant was charged with misconduct. It was alleged that applicant had been apprehended by members of the public stealing property belonging to the respondent. Applicant was brought before a Disciplinary Committee which convicted him and recommended his dismissal. Applicant appealed against the decision in terms of the respondent’s Code of Conduct. This appeal was unsuccessful. Applicant subsequently filed an appeal with this court on 30 March 2015. This appeal was withdrawn on 22 February 2016. Applicant alleges that the appeal was erroneously filed and in its... More
This is an application for condonation of late noting of an appeal. The facts are that the applicant was charged and found guilty of acts of misconduct. He was charged in terms of the National Employment Code of Conduct S.I. 15/2006. He was found guilty. His appeal at the workplace failed. The respondent advised him that if he was not in agreement with the outcome he could take his matter to a labour officer. He did so. Thereafter the labour officer made his draft ruling and applied to have it confirmed by the Labour Court. The application for confirmation was... More
On 8 May 2006 the first respondent (“Marko”) being assisted by the third respondent (“Richard”) through a power of attorney, approached this court on an urgent basis. He was seeking spoliatory relief against the applicant (“Tawanda”). The Provisional Order was granted by consent. The matter was not set down for confirmation or discharge. More
The applicant was a former employee of the first respondent and left employment following allegations of having stolen specified tools from his employer. He had signed an acknowledgement of debt in which he undertook to pay for the stolen items. Having failed to pay the amount as embodied in the acknowledgment of debt, his employer filed an application in the Magistrate’s court for recovery of the debt. His employer also held on to applicant’s vehicle as security for the debt. More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act as read with Rule 43 of the Labour Court Rules, 2017. Both parties raised preliminary issues at the commencement of the proceedings and the Court reserved judgment stating that it would furnish its reasons. More
It is essential to relate the facts in some detail. Applicant is an engineer by qualification who was employed by the Third Respondent as a Director of Engineering Services. Applicant was suspended from employment in February 2021 on allegations that the quality and quantity of water had deteriorated. Charges were preferred against the Applicant and he was brought before a Disciplinary Committee which found him guilty and recommended his dismissal. Applicant’s appeal did not meet the desired result. More
At the conclusion of this trial the following factors were found to be common cause.
On 27 February 2009, the plaintiff insured three motor vehicles with the defendant under comprehensive cover. The three motor vehicles included a Nissan Double Cabin bearing registration number 699-074 M which was insured for a sum of US$10 000-00 (ten thousand dollars). More
The dispute in this case is centred on intestate succession. The applicants are the offspring of the late Moses Muzonda, who died intestate on 23 September, 1997. Richard John Chimbari of RJC Executor Services (Pvt) Ltd was appointed executor dative of the deceased estate on 12 March, 2004 to wind up the estate which he did via a first and final administration and distribution account on 23 April, 2004, which the Master of this court approved on 20 August, 2004. The estate had only one asset, an immovable property in the form of house number 5694 Unit J, Seke, Chitungwiza.... More
On the 10th of October 2020, the Appellant entered into a 5-year employment contract with the Respondent as an Assistant Project Manager. The contract was supposed to subsist from 10th October 2020 to 30th September 2025. On the 6th of February 2023, the Appellant received a letter of termination of his employment contract from the Respondent. The letter gave the Appellant only two weeks’ notice. On 23rd March 2023, the Appellant through his legal practitioners, wrote in response to the Respondent. He indicated that the notice period was unlawful as it fell short of the 3 months demanded by the... More
This is an urgent chamber application where the Applicant is seeking an order in the interim to the effect that the first to the third respondents be interdicted from advertising and disposing Stand 357 of Willowvale Township of Stand 460 of Willowvale Township situate in the District of Salisbury by private bid auction or any other means pending the finalization of this application. On the return date, the applicant will be seeking an order declaring that the first to third respondents are bound by the contract the applicant entered into with them the effect of which would be that the... More
1. After hearing submissions from the applicant and counsel for the respondent, I delivered an ex tempore judgement dismissing this application for leave to appeal out of time and for a certificate to prosecute the appeal in person. This was on 3 November 2022. More
