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
The applicant approached this court seeking temporary relief for stay of execution of an order granted by this court per CHINAMORA J pending the confirmation or discharge of the provisional order that it seeks before me. On the return date, the applicant also seeks by way of substantive relief, that the execution of the CHINAMORA J order be suspended pending the determination of an application for leave for direct access that was made to the Constitutional Court. More
This is an appeal against the arbitral award by Hon H Nyamupachitu which was handed down on the 29th of October 2012. In this award the Appellant was ordered to pay a total sum of $120 451.46 within 14 days of signing the arbitral award. More
This is a chamber application for leave to appeal against the judgment of the Labour Court in terms of r 5 (2) of the Supreme Court (Miscellaneous Appeals and References) Rules, 1975. More
The following facts appear to be not in dispute in this matter.
The two respondents were employed by the applicant as research fellows and were based at the Institute of Development Studies. Sometime in 2010 the applicant and the two respondents had an employment dispute which culminated in the subsequent dismissal of the two respondents. More
The present matter is made up of an application and a counter application. In the main application, the applicant is the University of Zimbabwe and the respondent is the now deceased Sherla Greenland. In the counter application Sherla Greenland is the applicant. More
1. This is an appeal against the whole judgment of the Fiscal Appeal Court HH 20/20 dated 8 January 2020. The court a quo dismissed the appellant’s appeal against the decision of the Commissioner in respect of assessed tax and confirmed its amended income assessment made by the Commissioner on 2 September 2015.
2. The appellant is a company, with limited liability, duly incorporated in terms of the laws of Zimbabwe. It carries on the business of mining platinum in an area known as Middleridge Claims in Zimbabwe. The appellant and a related company known as Southridge Limited are subsidiaries... More
This is an opposed chamber application in terms of r 43 of the Supreme Court Rules 2018, for condonation and extension of time within which to note an appeal. More
MUSAKWA JA: This is an opposed chamber application for condonation for non-compliance with the Supreme Court Rules, 2018 and for extension of time in which to appeal made in terms of r 43. The intended appeal is against a judgment of the High Court handed down on 17 February 2021 upholding the respondent’s application for a compelling order. More
The applicant is a company that carries mining operations in Zimbabwe. The first respondent is an administrative authority established in terms of the Revenue Act [Chapter 23:11] tasked with the administration and collection of revenues due in terms of various statutes that it is obliged to enforce. Pursuant to its duties the first respondent issued garnishee notices against the applicant’s banker, Stanbic Bank Zimbabwe which is cited as the second respondent in this matter. One garnishee notice is for the remittal of the sum of USD 24,076,521.04 from the applicant’s account to the first respondent. More
The respondent was an employee of the appellant and she resigned by giving 7 days’ notice instead of the requisite 3 months’ notice as per s 12 (4) (a) of the Labour Act [Chapter 28:01]. She proceeded to do a handover takeover procedure. The employer then demanded payment of $1 402-25 being amount due to it in lieu of the 3 months’ notice which respondent failed to serve. The respondent admitted liability by way of an email which appears on record as exh 5, she again reiterated her willingness to pay in another email dated 10 June 2014 which stands... More
