This is an application for confirmation of a draft ruling and order. It is being brought in terms of section 93 (5a) (a) and (b) of the Labour Act [Chapter 28:01]. Both respondents oppose its confirmation but for different reasons. The first (1st) Respondent’s prayer is that the ruling by the applicant be set aside and be substituted by a finding that the 1st Respondent pays the 2nd Respondent the amount of USD $383-00. The 2nd Respondent says that the application be dismissed with costs on the punitive scale and such costs to be borne by the 1st Respondent and... More
On the 12th April 2020, applicant in his capacity as a Designated Agent, filed an application for condonation in this Court. 1st Respondent (employer) opposed the application. 2nd Respondent (employee) supported the application. The background is stated herewith. Applicant is a Designated Agent for the NEC for Welfare & Educational Institutions. In that capacity he dealt with a dispute between the employer and the employee. On the 3rd October 2018 he made a ruling. He ordered the employer to reinstate the employee or pay him damages in lieu of reinstatement. More
The appellant in this case appeared before a magistrate sitting at Hwange on 16 September 2013. He was facing a charge of contravening section 67 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] “indecent assault”. It was alleged that on 4 March 2013, at ZRP Hwange Camp Quarters, and with indecent intent, and knowing that the complainant had not consented to such action, the appellant fondled the complainant’s breasts. More
I dismissed the appeal on the day of hearing and indicated that reasons would follows. These are they:
This is an appeal against the findings of the Appeals hearing dismissing Appellant from employment after confirming his guilty for contravening offence D14 OF Art Corporation Code of Conduct, that is to say, any act conduct or omission inconsistent with the fulfillment of the express or implied conditions of one’s contract of employment; and contravening offence D9 of Art Corporation Code of Conduct, that is to say, willful loss or damage of company property. More
This is an appeal against conviction and sentences imposed on the appellants on a charge of obstructing or endangering the free movement of persons or traffic as defined in s 38(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] ( the Criminal Law Code).
2. Each appellant was sentenced to 6 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual condition of good behaviour.
3. The trial court found that the first, second, third and fifth appellants had acted in common purpose with those demonstrators who, in Mvurwi Town, had unlawfully and... More
The plaintiff in this matter seeks the cancellation of an agreement of sale in respect of a stand in Vainona, Harare, and an order for the transfer of that stand from the 1st defendant to the plaintiff. The sole issue for determination herein is whether or not the full purchase price was actually paid into the plaintiff’s account. More
On 26 September 2012 the Honourable R.E. Nhiwatiwa made an arbitration award at Harare. In terms of thereof he dismissed appellant’s claim of unfair dismissal by respondent. Appellant then appealed to this Court against the award. Respondent opposed the appeal. More
The arbitrator W Musiiwa issued an arbitration award on 24 September 2012. In terms thereof he dismissed the appellants’ claim of unfair dismissal from employment by the respondent. The appellants then appealed to this Court against the award. The respondent opposed the appeal.
The Grounds of Appeal averred are as follows:
“The 1stand 2ndapplicants were employed on silent contracts as indicated on the last form they completed dated 1 July. They had been on fixed term contracts previously but on this one their contractual agreement was very silent. The CBA of the Catering Industry S I 167/91 in section 17... More
The appellant appeared before the Regional Magistrate for the Eastern Region facing two charges. Firstly, he was charged with Rape as defined in s 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23] in that on the 10th April 2017 he had unlawful sexual intercourse with a female adult without her consent. Secondly, he was charged with Criminal Abuse of Duty as Public Officer as defined in s 174 (1) of the same Criminal Law Code in that on the same day he gave to the victim two documents namely, a birth certificate and national identity document... More
This is an appeal against the decision of the Respondent’s Disciplinary Committee, which found the Appellant guilty of misconduct and dismissed him from employment. More
On 15 May 2020 I granted an application for a provisional order temporarily staying the transfer of the applicant (who is a serving member of the Zimbabwe Republic Police) from Chivi Traffic Section to Mkwasine Police station. The confirmation, variation or discharge of the provisional order on the return date was dependent upon the respondents furnishing what was termed "lawful, good and sufficient" reasons for so transferring the applicant. More
This is an appeal against the whole judgment of the Labour Court (“the court a quo), sitting at Gweru, wherein the court a quo upheld an appeal by the respondent on the basis that she had been improperly charged and convicted by the appellant’s disciplinary authority. More
The appellant employed the respondent as an expenditure clerk from July 2000. She was engaged as a grade 7 employee. In February 2018 the appellant was assigned to do grade 9 duties. Her pay and other benefits remained at those of a grade 7 employee. As a result, the respondent made a claim against the appellant raising the issue of the failure by the appellant to pay her an acting allowance. More
