The plaintiff on 24 February 2011 issued summons out of this court seeking an order of sharing of the assets of the parties on the basis of the common law principle of unjust enrichment. More
On 3rd September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
The brief allegations were that at the material time of the commission of the alleged offence, the appellant was employed by the complainant company as a Sales Manager at its Bulawayo Depot. On 16 December 2020, the appellant instructed the now acquitted accused person, who was a driver employed at the same company together with the appellant, to go and deliver 300 cases of Pepsi Drink at Renkini Country Bus Terminus contrary to an earlier lawful and known instruction to deliver the same consignment to Plumtree Bakery in Plumtree. This second instruction was verbal and was made in the presence... More
This is an appeal against the decision of the Negotiating Committee of the National Employment Council for the Commercial Sector (NECCS) which upheld the dismissal of the Appellant from Respondent’s employment. More
This is an appeal against the decision of the Respondent’s Internal Appeals Officer, which upheld the decision of the Respondent’s Disciplinary Committee dismissing the Appellant from employment. More
1. This is an appeal against the whole judgement of the High Court (“the court a quo”) in which it upheld the respondent`s special plea of prescription and dismissed the appellant’s claim. More
The parties are referred to as in the heading above. The plaintiff is an adult male person of Harare. The defendant is a duly incorporated company which is in the business of offering investments and insurance services among its other portfolios of business. In 1989 the plaintiff took out an insurance policy reference No 7127755 with the defendant. The policy was described as an “Independence Maker Insurance Policy”. More
This is an appeal against the Arbitrator’s decision where he held that the Respondent (employee) had failed to demonstrate that the claimant (the employer) had been in willful default at a quantification hearing before an Arbitrator.
The facts of the case are that the employee left employment in circumstances where he claimed that he had been constructively dismissed and the employer maintained that he had resigned voluntarily from his job. At Arbitration over the constructive dismissal claim the Arbitrator ruled in favour of the employee. At a later stage the employee approached the Arbitrator for quantification of damages of the... More
The appellant was convicted by the Regional Magistrate, Eastern Division, of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] after a contested trial. He was, on 7 December 2011, sentenced to 14 years imprisonment of which 4 years were suspended for 5 years on the usual condition. Dissatisfied with both his conviction and sentence, he now appeals against both conviction and sentence. The facts upon which he was found guilty of the crime of rape in the court a quo can be summarised as follows. More
This is an appeal against the decision of the appeals officer in a labour dispute pitting appellant employee and the respondent employer.
Facts of the matter are that the appellant who was in the respondent’s employ as a driver trainer was brought before a disciplinary committee to answer to charges of gross incompetency or inefficiency in the performance of his work. It was stated that the appellant had not been retested and that militated against him partaking duties that could require him to go to South Africa. Following the disciplinary hearing, he was dismissed from employment. He appealed internally without... More
In its response to the appeal, Respondent raised a point in limine to the effect that since the NEC Appeals Board (Appeal Board) is comprised of two representatives or their alternates from each of the Parties vis the ZIMBABWE BANK & ALLIED WORKERS UNION (ZIBAWU) and the BANKERS EMPLOYERS ASSOCIATION OF ZIMBABWE (BEAZ), ZIBAWU can not appeal against its own decision. More
The Plaintiff sued both defendants for the return of his motor vehicle or alternatively damages arising from the alleged wrongful and unlawful sale of his motor vehicle registration number 670 – 745 J to the 2nd Defendant by the 1st Defendant. More
This is an application for review of a decision made by the respondent.
The applicant was employed as a truck driver. During the course of his duties it was alleged he committed some act of misconduct sometime in August 2015. He was charged in terms of the applicable Code of Conduct. He was found liable and dismissed with effect from 14 October 2015. An internal appeal was unsuccessful. More
The matter was placed before me as an application for leave to appeal against a determination handed down by this Court on 31January 2014.
The appellant is a former employee of the respondent. He was charged with two acts of misconduct viz any act and/or omission inconsistent with the fulfilment of the express or implied conducting of his career or employment (Section 4 (a) of Statutory Instrument 15 of 2006, and or
- Gross incompetence or inefficiency in the performance of his work.
He was found guilty on the charge. A penalty of dismissal was consequently imposed. The appellant brought... More
