This is an appeal and cross appeal against the quantum of damages in lieu of reinstatement awarded to the Respondent (Jonathan) by the Arbitrator.
The salient facts are as follows, Jonathan was employed by the Appellant (UDCORP) as a Manager in the Department of Development and Technical Services. He was charged and dismissed on charges of misconduct. He referred the matter to a Labour Officer for conciliation which failed. The matter was thereafter referred for compulsory arbitration. The Arbitrator made a finding that Jonathan had been unfairly dismissed More
The applicant was the first respondent’s tenant at number 5 Albion House, 74 Harare. She was evicted from the premises without being given 48 hours notice as provided by r 4A (1) of Order 26 of the Magistrate’s Court (Rules 1980). She seeks an order of this court reinstating her into the premises pending the hearing of her application for the condonation of her late noting of an appeal against the decision of the magistrate on the strength of which the first respondent evicted her from the property. More
This is an application for stay of execution following the granting of a default judgment against the applicant in case number HC9990/14 which relates to interpleader proceedings. More
This is a bail application pending trial. The applicant is charged with the crime of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 18 August 2023 at 2200 hours the applicant in the company of accomplices who still at large, armed with one unidentified firearm, knobkerries, axes, a hammer and a machete attacked the complainant, disarmed him of his revolver gun loaded with three rounds. And forcibly took his identity card, NSSA card, CBZ bank debit card, Itel cellphone, and loaded stolen gold ore into... More
This is an opposed application for a declaratur wherein the applicant seeks an order in the following terms:-
“IT IS DECLARED AND ORDERED AS FOLLOWS:
1. All assets acquired whether jointly or separately by the applicant and his deceased wife the late Susan Von Ahn (nee Hlongwane) who died at Harare on 15 January 2010 shall be amassed into one joint estate.
2. Within thirty (30) days from the date of this order, or such longer period not exceeding thirty (30) days as the third respondent may allow, the first respondent shall file with the third respondent an inventory of... More
This matter has a long history. I write this judgment in order to set the record straight in the light of the fact that the respondents are now self-actors who may intend to continue to fight their cause as evidenced by their continued writing of letters a determination which was already made as will become apparent later.
The first, second and third respondents are erstwhile employees of the applicant. The parties are embroiled in a labour dispute that resulted in the dispute being referred for determination by arbitration. The history of the dispute was set out in detail in the... More
This is an appeal against the decision of an arbitrator wherein the Arbitrator set aside the employer’s decision to dismiss the respondent and made an award ordering the respondent’s reinstatement with an alternative of an award for damages should reinstatement be no longer possible. More
The applicant seeks a declaratur to the effect that the amount of US$ 788 296.21 which is stated in the respondents’ Writ of Execution which was issued out of this Honourable Court on 8 May 2014 was converted to RTGS at the rate of 1:1 by operation of the law. More
This is an application for joinder wherein the applicant seeks to be joined in two appeals pending before this Court, that is, SC 304/20 and SC 326/20.
The facts leading to this application may be summarised as follows:
The applicant was a holder of an offer letter in respect of Plot 4of Glebe Farm, Goromonzi. The second,third and fourthrespondents were also holders of offer letters in respect of separate plots on the same farm. The fifth respondent is the authority which issued the offer letters to the applicant and the second, third andfourthrespondents. More
The respondent instituted proceedings in this court in case number HC 1901/11 seeking an order for payment of the sum of US$17735-00 being the balance of the purchase price for goods sold and delivered to the two applicants, interest at the prescribed rate and costs of suit. The summons commencing action was served upon the applicants on 9 March 2011. More
This is an application for quantification of damages due to the applicant employee from the respondent employer.
The rest of the issues in this matter are common cause if regard is had to the oral submissions made by the parties on the hearing date. In summary form parties are agreed on the rest of the quantification figures and the law giving rise to these. The only divergence is where applicant claim 18 months damages and the respondent offers 5 months instead. It is only this aspect which is addressed by this judgment.
Applicant claims 18 months damages citing the fact... More
On the 25th April 2022 at Bindura, applicant qua Labour Officer issued a ruling. He ordered 1st respondent (employer) to reinstated 2nd respondent (employee) or pay damages in lieu of reinstatement. Apparently, the employer did not comply with the ruling. Then applicant applied to this Court for the confirmation of his ruling in terms of section 93(5a) of the Labour Act [Chapter 28:01], hereafter called the Act. The employer opposed the application whilst the employee naturally supported the application. More
