The respondent was engaged by the appellant. The nature of the engagement is in dispute. The appellant alleged that the respondent was engaged as a legal consultant. The respondent alleged he was engaged as an employee. The facts leading to the termination of the engagement are not in dispute. The appellant as an employer and exercising its rights convened a disciplinary hearing against one of its employees. The respondent represented the employee in the proceedings that the respondent had instituted against the said employee. More
This is an application for the recovery of a motor vehicle, a Toyota Fortuner Reg. No. AEC 8695, from the respondent. The respondent is the President of the applicant albeit that Presidency is being challenged by some in the leadership of the applicant who moved a vote of no confidence against her. It is common cause that on 23 February 2018 a Provisional Order was granted in HC 1147/18 the effect of which, inter alia, was to suspend the effect of the vote of no confidence passed against the respondent. That order is extant notwithstanding the noting of an appeal... More
The plaintiff issued summons against the defendant claiming payment of the sum of $395 415.15 in respect of farming equipment sold at Harare on 10 September 2009 and delivered to the defendant at his specific instance and request. More
This matter was set down in terms of section19 (3)(a) of the Labour Court Rules. Appellant was served with the notice of response on 20 March 2010. Appellant filed its heads of argument on 20 February 2013 when it was already barred. No upliftment of bar had been granted before filing of such heads. More
The appeal is against an arbitral award handed down on 9 July 2008 wherein the Appellant was directed to reinstate Respondent without any loss of pay and benefits with effect from the date of suspension or be paid damages in lieu of reinstatement. More
This is an application for leave to appeal against the decision of this court to dismiss the applicant’s appeal against the decision of Honourable Arbitrator Professor Madhuku’s award that was handed down on 14 August 2014.
The applicant has submitted to this court that it has prospects of success on appeal in that:
(i) This court erred at law when it made the finding that the appellant’s Disciplinary Authority was not properly constituted.
(ii) The court erred at law when it failed to distinguish a “disciplinary authority” from a disciplinary committee thereby wrongly ruling that the appellant’s Disciplinary Authority was... More
The Applicant, the Zimbabwe Football Association, is suing out for an order cancelling the attachment of the applicant’s Nostro Account at Ecobank; which attachment was caused by the first to sixteenth respondents, who believe that the applicant is lawfully required to pay their judgment debt in United States dollars. The applicant believes that the respondents are overreaching, in that they are expecting their award monies in amount larger than that which the applicant believes to be due to them. The applicant insists that according to the law, it is indebted to the respondents in local currency in full and final... More
The appeal was noted against the Arbitral Award by the Honourable Matanhire F. handed down on the 16th of March 2015.
The respondent was employed by the appellant as a Laboratory Technician. He appeared before a disciplinary authority on the 21st of December 2013 to face a charge of FRAUD the allegations being that the respondent did not log in his time of arrival a process which was normally undertaken at the appellant’s main gate. The respondent was alleged to have temporarily left his work station and deliberately avoided using the main gate so that his absence would go unnoticed.... More
This matter involves 2 appeals which were consolidated for ease of reference during their argument. These pertain to an appeal against an arbitral award and an appeal against a quantification of that arbitral award. The parties are the same and the labour dispute is the same which gave rise to the decisions now under appeal. More
Zimbabwe Homeless People Federation, an universitas, Knowledge Tinashe Kwambana and Warship Dumba, natural persons, (“the applicant”) sued the City of Harare and Augur Investments OU (“Augur”), which are the first and second respondents respectively, among other respondents. It moves me to:
(i) declare as a nullity and set aside the Memorandum of Understanding and the Shareholders Agreement which the first and the second respondents (“the parties”) concluded between them on 21 June, 2007 and 4 September, 2007 respectively.
(ii) set aside all transfer of land from the City of Harare to Sunshine Development (Private) Limited, the seventh respondent herein, which... More
The first respondent identified itself as a membership based organisation acting on behalf of all people conducting business in the informal. All persons conducting business in the informal sector are its members. The second applicant is a natural person who is a citizen of Zimbabwe. The respondent is the Minister of Health and Child Care. More
This is an appeal from the magistrate’s court. It is against an order of summary judgment granted in favour of the respondent against the appellant. At the end of the hearing we dismissed the appeal with costs for lack of merit and delivered our judgment ex tempore. The appellant has appealed to the Supreme Court. Written reasons are now required. More
The respondent was employed by the appellant as corporate services manager on a three year fixed term contract. Such contract was to expire on 1 December 2015 when the respondent was dismissed from employment with effect from 9 January 2014. It was found that such dismissal was unfair in an arbitral award of 12 March 2015 and reinstatement without loss of salary and benefits from date of dismissal, was ordered. In the alternative, damages in lieu of reinstatement were awarded. More
