The matter was placed before me as a chamber application for leave to appeal to the Supreme Court against a judgment of this court rendered under reference LC/H/280/23 on the 22nd of September, 2023. The application which is premised on section 92F(2) of the Labour Act [Cap 28:01] as read with Rule 43 of the Labour Court rules, 2017 is opposed by the 1st Respondent. The 2nd Respondent is cited as a nominal Respondent. More
This is an appeal against an arbitral award wherein Respondent was awarded payment of cash in lieu of leave days and seven-year service gratuity.
Appellant’s grounds of appeal are that:-
1. The Arbitrator misdirected himself by not meticulously going through the documentary evidence led by Appellant, before awarding a wrong amount of cash in lieu of leave days to the Respondent such a misdirection was so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at such a conclusion.
2. The... More
The Constitution of Zimbabwe is the supreme law of the land. It is trite that this document is binding on all Zimbabwean citizens, and that, any conduct or action which is inconsistent with it is invalid to the extent of the inconsistency. See s 2 Constitution of Zimbabwe Amendment number 20 Act of 2013.1 More
This is a review and an appeal arising out of the decision of the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (“GDC”) handed down on 19 July 2013. The GDC set aside the dismissal of the respondent imposed by the appellant’s Disciplinary Hearing Committee and confirmed by the Works Council. The GDC remitted the matter for another investigation and hearing. More
For what it is, this judgment is meant to be short. This matter was set down on the unopposed roll on 7 November 2023 for provisional sentence. After hearing counsel for the plaintiff and the defendant, I gave my reasons extempore and granted the following order which was in terms of the draft by the plaintiff: More
This is an application for setting aside of an arbitral award in terms of Article 34 (2) (b) (ii) of the Model Law as set out in the Arbitration Act [Chapter 7:15]. The applicant premises its application on the ground that the arbitral award offends against the public policy of Zimbabwe. The first respondent opposed the setting aside of the arbitral award on the basis that the award is not contrary to the public policy of Zimbabwe. He argued that the amount owing in the sum of US$106 960. 01 ought to be paid at the rate of US$1: ZWL$1... More
This is an appeal against an arbitral award handed down on 24 February 2015. In terms of the award, the appellant was ordered to reinstate the respondent without loss of salary and benefits, on the basis that the probationary assessment that resulted in the termination of his employment was procedurally and substantively unfair.
The factual background to this matteris as follows:
The respondent was employed by the appellant as Director, Management Training Bureau. Management Training Bureau is a training institution under the appellant organisation, and is based in the Msasa Industrial area of Harare. More
This is an application for leave to appeal to the Supreme Court against this court’s judgment on a point in limine which ruled that the appeal grounds raised by the then appellant indeed made out points of law worthy of being decided upon by the Labour Court.
The background to the matter is that the employee appealed to the Labour Court against an arbitral order made against him in a case which pitted him and the employer. When appeal came up for argument the employer raised a point in limine that the grounds which the employee sought to rely on... More
On 8 December 2015 arbitrator C T Kadenga issued an arbitration award. She ordered appellant to reinstate respondents’ employment or pay them damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
This is a composite judgment in respect of an arbitral award. For the sake of consistency, the parties will be cited as they appear in HCHC 328/23 which is the application for the setting aside of the award. HCHC 188/23 is an application for the registration of the award. It goes without saying that the decision in HCHC 328/23 will influence that in HCHC 188/23. Essentially the same arguments for and against registration have been advanced by the parties depending on whether it’s the application for registration or for setting aside. More
This is an appeal against the whole composite judgement of the High Court of Zimbabwe dated 31 October 2023 in which the court a quo dismissed an application for the setting aside of an arbitral award, under HCHC328/23 and granted an application for the registration of the same award, under HCHC 188/23. More
The applicant is a fund established under the Manpower Planning Development Act (the Act). Its principal mandate is the development of skilled manpower in Zimbabwe. The respondent is a former employee of the applicant who was dismissed from employment for disciplinary reasons. As part of his conditions of service during the tenure of his employment with the applicant, the respondent had been issued with some assets which he did not surrender upon termination of employment. It is those assets that the applicant wishes to recover from the respondent through this application. More
[1] Applicants seek condonation for taking a special plea out of time. Mr. Jingini Raphael Tsivama, applicants` legal practitioner, deposed to the founding affidavit.Similarly, Mr Chenjerai Daitai, the legal practitioner representing first respondentreciprocated with the answering affidavit. Mr. Tsivama also drew up the applicants` heads of argument. Whilst no issue was raised by either side regarding the source of these depositions, I will briefly comment, in the course of this judgment, on their peculiar relevance to the disposal of the matter at hand.
[ 2] This application was opposed by first respondent. Third respondent indicated that it was not opposed... More
