The appellant was employed by the respondent as an accounts administrator.She was also a member of the workers committee. She was charged with misconduct in terms of the Old Mutual Code of Conduct and Grievance Procedure,(in particular s 15.9), for failure to fulfill the expressed or implied conditions of her contract of employment or any breach of the employment contract. The allegations against her were that during the morning of 9 July 2019 she misrepresented to and mobilized Old Mutual employees to gather in the Mutual Gardens canteen. This was on the pretext that the Human Capital Executive wanted to... More
This is an appeal against the determination of the Appeals Officer appointed in terms of the Old Mutual Code of Conduct, which determination upheld the conviction of the appellant on misconduct charges levelled against him, and the consequent penalty of dismissal More
Confronting this court is a dispute between two contestants vying for rights in property stand number 6390, Retreat Waterfalls, Harare. Applicant is seeking an order declaring him the lawful holder of rights in that property with the attendant consequential relief for the ejectment of the first respondent and all those occupying through him from the same. More
The applicant in this matter is seeking an order in the following terms set out in the draft order:
“IT IS ORDERED THAT
1. The 2nd and 3rd Respondents release the applicant’s transcript immediately upon service of this order.
2. The respondents to pay cost of suit jointly and severally one paying the other to be absolved.”
The application is opposed by the respondents More
On the 14 September 2021 this Court issued an order which dismissed Applicant’s appeal for want of prosecution. On the 30th September 2021 Applicant filed the present application for the rescission of the order. Respondent opposed the application. The Court may or may not grant rescission as per provisions of Section 92C(1)a of the Labour Act Chapter 28:01. I shall deal with the matter under subtitles “Default” and “Merits” respectively More
This is an application in terms of Section 92E (3) of the Labour Act [Chapter 28:01] for stay of an arbitral award in favour of the 1st Respondent. The award was made by the 2nd Respondent on the 12 July 2013. Applicant was ordered to reinstate 1st Respondent with full wages and benefits amounting to $2 280,00. If reinstatement is not an option in the following twenty one working days, Applicant was to pay damages in lieu of reinstatement the quantum of which the parties may agree, failure which either party may approach the Arbitrator for quantification. Applicant was also... More
This is an urgent Chamber application for an interim interdict seeking to interdict the Respondent from disposing of the Applicant’s tanker and trailer seized by the Regional Manager, Region 1, Customs and Excise of the Respondent on 6 October 2021after it was found to be laden with water instead of fuel on its way to Zambia at Chirundu border post. When the tanker and trailer were seized, the driver vanished and has not been accounted for up to this day. More
: This application is a constitutional challenge by the applicant who seeks a declaration of the invalidity of ss 193(12) and (13) of the Customs and Excise Act [Chapter 23:02] (hereinafter referred to as “the Act”).In the same vein the applicant seeks that pending the determination of the Constitutional issue the second respondent be interdicted from disposing the applicant’s fuel truck Registration Number AFJ0870 and a trailer Registration number AFJ 9490 More
This appeal challenges the whole decision rendered by the Registrar of Trade Marks [the Registrar], dated 18 November 2022, upholding expungement of the HI-TET trade mark no.508/2009 while allowing the HITET trade mark no. 205/1989 to remain on the Register of Trade marks [the Register More
This is an appeal against part of the judgment of the Special Court for Income Tax Appeals handed down on 28 September 2020, dismissing the appellant’s appeal against the decision of the respondent’s Commissioner in respect of various objections the appellant had raised against the Commissioner’s revised assessments of tax against it. More
The application placed before me is for rescission of a consent order granted by this court under reference LC/H/ORD/574/2019 on the 17th of July 2019. The application is opposed.
On the date of hearing the Respondent having taken several points in limine the following constitutes the court ruling on the four points in limine. The points in limine were as follows;
1. The application mounted by Lunga Attorneys is a legal nullity for want of procedure as Lunga Attorneys have not assumed agency as required by the rules of the court.
2. The Applicant’s Founding Affidavit does not specify proper... More
The facts presented by Applicant in this application for condonation of late noting of appeal are quite interesting. Applicant and Respondent appeared before the Arbitrator who granted the award on 30 July 2013. The Arbitrator ordered Respondent’s reinstatement and payment of damages in lieu of reinstatement. Respondent reported for duty but was subsequently locked out on 2 September 2013. More
This is an application for leave to appeal to the Supreme Court made in terms of section 92 F (2) of the Labour Act [Chapter 28:01] ‘the act’ as read with Rule 36 of the Labour Court Rules, Statutory Instrument 59/06 ‘the rules’. This court dismissed the appeal filed by the applicants in this matter. More
