This is an application for the condonation of the late filing of an application for the alteration of a judgment granted by consent between the parties. More
It never ceases to amaze me how parties who on their own initiatives enter into contractual agreements end up creating unnecessary complications in the interpretation and implementation of such agreements. This is one such an agreement. More
The Respondent was employed by Applicant as a Provincial Manager from September 2008. She resigned on the 5th September 2013. After her resignation she referred a complaint of constructive dismissal to a Labour Officer. The parties having failed to conciliate the matter was referred to compulsory arbitration. The Arbitrator found that the Respondent had been unfairly dismissed through the Appellant actions that were in violation of Section 12B (3)(a) of the Labour Act [Cap 28:01]. The Appellant was directed to pay Respondent damages in the amount of US$ 16 982.72 in damages for loss of employment by the 30th of... More
The plaintiff instituted action proceedings against the defendant claiming the following:
‘(i) a declaration that defendant breached the bonding agreement;
(ii) payment in the sum of US$12 614-98 being money owed to the plaintiff due to a breach of the agreement;
(iii) interest on the amount of US$12 814-98, calculated at the prescribed rate of interest from 31 October 2015, being the date of resignation. More
A hearing was conducted by the applicants’ disciplinary committee which found the 1st respondent not guilty. The applicant appealed to 2nd respondent. The 2nd respondent heard the appeal and came up with a determination that is the subject of this application for review. More
This is an appeal against the arbitral award that was granted in favour of the Respondent by Honourable Arbitrator Kazembe on the 5th of July 2018. In the award the Respondent was granted damages in lieu of reinstatement amounting to $418 060-00. More
Before me is an application by the Zimbabwe National Road Administration (ZINARA) for rei vindication in respect of a Toyota Hilux (double cab) motor vehicle, registration number AEC 7539 (“the vehicle”). The application is opposed. The factual background giving rise to the dispute is that in May 2010, the applicant and the respondent entered into a contract of employment. The respondent was employed as IT Manager of the applicant. The contract appears in the record on pages 8-10 marked Annexure “B”. Clause 6(b) of this contract reads as follows: More
Before me is an application by the Zimbabwe National Road Administration (ZINARA) for rei vindication in respect of a Toyota Hilux (double cab) motor vehicle, registration number AEC 6465 (“the vehicle”). The application is opposed. The factual background giving rise to the dispute is as follows: sometime in March 2010, the applicant and the respondent entered into a contract of employment. The respondent was employed as regional engineer of the applicant, as evidenced by the contract marked Annexure “B”, which appears on pp 8-10 of the record. Clause 6 (b) of this contract reads as follows: More
This is an appeal against the Arbitral Award that was handed down by Honourable Arbitrator A.J. Manase on 1st February 2013. In this award the Arbitrator ordered that Appellant should pay its employees a housing allowance calculated at 50% of the basic pay. The total figure of the housing allowance was $12 894 294 291,92. More
Respondents were employed by the appellant in various capacities. Following an audit at appellant’s work place, it was discovered that a lot of property was missing. This led to the arrest of the three respondents and several other employees at the appellant’s work place. Disciplinary proceedings were brought against the three respondents and they were found guilty and a recommendation for their dismissal was made. Respondents appealed to the Appeals Officer who confirmed the decision of the Disciplinary Committee. The respondents took the matter to the labour officer and the matter was referred to arbitration. The arbitrator found in favour... More
This matter has been outstanding for a long time.One of the reasons for delay in finilazing it was interlocutory matters. In order to bring finality, thisCourt (Muzofa J) on14 May 2013 made the following order:
“1. The appeal be and is hereby upheld.
2. The matter be and is hereby referred to the Provincial Labour Officer for him/her within ten days of this order to appoint a different arbitrator to hear the matter on the merits.”
The above order meant to obviate any further interlocutory applications either before the arbitrator or before the court. More
On 16 December 2015, the plaintiff issued summons against Forester (with one v ) Estates Private Limited claiming payment of the sum of US71 548-00 in respect of water sold, supplied and delivered to the defendant by it in terms of an agreement entered into between the parties. More
The applicant in this case is Zimbabwe National Water Authority (ZINWA), a body corporate established in terms of the Zimbabwe National Water Authority Act [Chapter 20:25]. The respondent is Jutstein Mapanzure. He was formerly employed by the applicant. He rose through the applicant’s organogram. . Sometime during their employment relationship, the respondent misconducted himself. The applicant said it then decided to prefer misconduct charges against him. Disciplinary proceedings were initiated but midstream through the process the respondent thought he had seen reason and through his erstwhile legal representatives found it prudent to ditch the confrontation approach. He found it wiser... More
