This is an appeal against a decision of the Labour Court judgment number LC/H/122/2012 dated 17 August 2012. After hearing arguments from both counsel the appeal was dismissed with costs. It was indicated that the reasons for this decision would follow in due course. More
The plaintiff ordered an Isuzu KB 250 double cab motor vehicle from the defendant in June 2005. The defendant is a car dealer. The price quoted to the plaintiff for the motor vehicle was $850 000 000-00. The plaintiff paid that sum on 1 June 2005. On 27 June 2005 the defendant, through its managing director, acknowledged receipt of the money and undertook to deliver the motor vehicle within 21 (twenty-one) working days. The motor vehicle was to be imported from South Africa. At the expiry of the twenty-one days there was no delivery. The defendant requested an extension of... More
This is an appeal against the Arbitrator’s ruling which awarded the Respondent a salary increase in essence varying the retrenchment package agreed to by the parties.
The background to this case is as follows. The Respondent was employed by the Appellant until the 31st of March 2010 when he was retrenched. The Appellant and the Respondent agreed on the retrenchment package which was duly signed on the 15th of February 2010. While the parties were negotiating the retrenchment package, the Appellant was reviewing its employee’s salaries. Respondent was aware of this. The salary review resulted in a 38% salary increment... More
This is an appeal against a determination of the National Hearing Committee for the National Employment Council for the Communications and Allied Services (hereinafter referred to as the Appeals Committee). More
This matter comes as both an appeal and a review. It is a review of the Respondent’s National Employment Council (Appeals Committee’s) decision to dismiss the appeal by the Appellant. The appeal is against the hearing committee’s decision that found Appellant guilty and imposed a dismissal penalty.
The Appellant was employed as a security supervisor by the Respondent. His job description was not produced at any stage during all the proceedings for a clear understanding of what was expected of him. He was charged for gross incompetence. He appeared before Respondent’s disciplinary committeewhich found him guilty and dismissed him. Appellant... More
The plaintiff’s claim was for specific performance. In terms of a written agreement of sale on 1 February 2001 the plaintiff bought from the defendant Stand 644 Marimba Park Township, measuring 6820 m2(hereafter referred to as “the property”). The purchase price was $950 000. It was payable by a cash deposit of $450 000 and monthly instalments of $20 000 commencing on 28 February 2001. A bank account was provided into which the instalments would be deposited. The wording of the agreement of sale regarding instalment payments was as follows: More
Respondent raised a preliminary point at the hearing of this appeal, that the United Builders Merchants (UBM) has dirty hands as it failed to comply with the arbitral award issued against it. More
The applicant seeks relief by way of a declaratur. The relief sought is captured in the draft order as follows:
“IT IS HEREBY ORDERED THAT;-
i) An order declaring Deed of Transfer 6618/03 dated 9th September 2003 registered in the name of Unitime Investments (Private) Limited as the holding deed for Stand 825 Bannockburn of Stand 1 Bannockburn.
ii) An order cancelling Deed of transfer 3678/03 registered in the name of 5th and 6th Respondent.
iii) An order cancelling the Deed of Transfer 3677/03 that had been registered in the name of 4th Respondent.
iv) In terms of paragraph (i)... More
After hearing the parties on 1 September 2014 this Court pronounced:
“It is the unanimous view of this Court that the appeal has merit and ought to succeed.
Accordingly, it is ordered as follows:
1. The appeal is allowed with costs.
2. The judgment of the court a quo is set aside and substituted with the following:
‘The application is dismissed with costs.’
Reasons for this judgment will follow in due course.” More
The brief facts of this matter are that an audit was conducted at the workplace. Some anomalies which touched on the applicant’s performance of duties were discovered by the auditors. An explanation was required in order to clarify what appeared to be anomalies. The applicant’s immediate superior asked the applicant to submit a report explaining the perceived anomalies. The applicant refused to write the report. She told her boss that she was going to consult her lawyer first. Her refusal to submit the report resulted in disciplinary proceedings for ‘wilful disobedience of a lawful order’ being conducted against her. She... More
The parties were married on 17 October 2005 in terms of the Marriage Act [Chapter 5:11] now [Chapter 5:17]. Five children were born of the marriage. Two of them are now majors. The minor children are Chikomborero (born 8 September 2008) (male), Rutendo (born 20 August 2015) (female) and Grace (born 26 December 2016) (female).
The parties are agreed that the marriage has irretrievably broken down to such an extent that there are no reasonable prospects of a restoration of a normal marriage between them. Among other reasons the parties have been separated for over one year and lost love... More
The Respondents were employed by the University of Zimbabwe as full time lectures in the University’s Department of Rural and Urban Planning.
They were employed in terms of the University of Zimbabwe Act and in terms of that Act,they were employed for a probationary period of three years after which they could be granted tenure that is if they metcertain outlined requirements. More
This is an appeal against adecision by an arbitrator.Before the merits of the appeal could be argued the respondent raised a point in limine. The respondent argued that the grounds before this Court raise factual issues as opposed to questions of law as provided for in the Labour Act [Cap 28:01] (The Act), Section 98(10) of the Act provides that;
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.” More
This is an application for leave to appeal to Supreme Court. The appeal is against the court’s judgment that was handed down on the 14th of February 2014.
The Applicant’s grounds of this application are that:
(i) The court erred in ordering that Respondent be awarded damages in lieu of reinstatement in United States Dollars when he had suffered loss in the Zimbabwean Dollar currency.
(ii) The court did not implement its findings to the effect that Respondent did not mitigate his loss by seeking alternative employment.
(iii) The Applicant has good prospects of success on appeal. More
This is an appeal against an Arbitral Award granted by Honourable T.S. Makamure on 26th September, 2013. In terms of the award, Appellant was ordered to pay Respondent an acting allowance for the period Respondent held the post of Acting Chief Technician.
On the date of hearing, Respondent was in default despite having been duly served. The hearing proceeded on the merits in terms of Rule 30(a) of the Labour Court Rules, Statutory Instrument 59 of 2006.
At the conclusion of the hearing, I allowed the appeal and indicated that my reasons will follow. These are they.
The facts of... More
