This is an application in terms of Article 34(2) (b)(ii) of the Arbitration Act [Chapter 7:15] [the Act] for the setting aside of part of the arbitral award handed down by the 2nd Respondent (Justice N.T. Mtshiya (Rtd)) on 27 May 2022. The application is founded on the allegation that the arbitral award conflicts with Zimbabwe’s public policy. More
On 8 February 2017 the plaintiff issued summons against the defendant claiming the sum of $20 133.46 arising from the sale of books by the defendant on behalf of the plaintiff, the proceeds of which the defendant failed to remit. The plaintiff also claimed interest on that sum at the prescribed rate plus costs of suit.
The background facts as outlined by the plaintiff are these. Sometime in 2009 the parties entered into an agreement in terms of which the defendant would receive books from the plaintiff and sell them on its behalf for a commission of 30% of the... More
This is an application for condonation of the late filing of an appeal. The Respondents have since had the award registered with the Magistrates Court for purposes of execution. The Applicant lodged an appeal with this court under case number LC/H/908/23 on the 8th November 2023. The appeal was struck off the roll by this court under judgment number LC/H/133/24. The appeal was struck off the roll on a technicality with the court finding that the appeal as defective in that the Appellant had mistakenly swapped the amounts the figures of the amounts awarded to the Respondents. The Applicant had... More
This is an appeal against the decision filed in terms of section 128 (1) of the Labour Act, (Chapter 28:01) as amended by Act 11 of 2023. The sole ground of appeal is couched as follows:
“The Labour Officer erred in allowing claims for outstanding salaries for the 2nd Respondent on the strength of a bank statement which had some pages missing. In any event, the bank statement attached showed that 2nd Respondent was owed only $ 1 200- 00.” More
This is an appeal against an order by an arbitrator. The arbitrator ordered that the respondent be reinstated without loss of salary and benefits.
The background to the case is largely common cause. The respondent was employed as a revenue specialist by the appellant. Following alleged misconduct, the respondent together with three other employees were suspended from employment pending investigations. He together with the other employee’s were subsequently charged in terms of the appellant’s Code of Conduct. It was alleged that the employees including the respondent valued motor vehicles without authority and that he used an incorrect procedure in valuing... More
Before me is an application for condonation of late noting of an appeal.
On 3 June 2013 the respondents obtained an arbitral award in their favour. The applicant lodged an appeal against that award on 10 June 2013 in case number LC/H.412/13. That appeal was struck off the roll on the basis that the applicant had irregularly cited respondents as Chenayi Nyaguse and “12 Ors”. Consequently the appeal was defective. That judgment was handed down on 14 March 2014. More
This matter was set down as an application for condonation of late noting of an appeal. Before me are two points in limine that were raised.
Respondents obtained an arbitral award in their favour whose operative part reads as follows;
“1. The charges against the claimants (respondents in casu) are calculated to victimize the claimants. They are illegal and must be stayed.
2. The respondents (applicant in casu) is committing unfair labour practice.
3. Each party to pay its own costs as per agreed quantum.” More
This is an appeal against the determination of a labour officer issued on 24 December 2020, in terms of which he found the respondent not guilty of misconduct charges that had been preferred against him by the appellant. More
This is an application for condonation of the late filing of an application for leave to appeal to the Supreme Court.
In a judgment dated 6 January 2023, this Court set aside the decision of Determining Authority which had found the Respondent Not Guilty of the misconduct charges. The Court ordered parties to file submissions pertaining to issues of aggravation and mitigation. In a further decision dated 13 April 2023, this Court issued a penalty of a Final Written Warning and ordered Respondent’s reinstatement to her former position without loss of salary and benefits failure of which Respondent was entitled... More
Mr. Mafongoya submitted that the appropriate penalty in the matter was not dismissal. He referred to section 65 of the Constitution of Zimbabwe which provides for citizens being accorded the right to fair labour practices. He also referred to the ZIMRA Code of Conduct particularly Clauses 6.2, 6.3, 6.4 with the latter providing that training and education should be the paramount features of any punishment and any punitive penalty should be adopted as a last resort. He referred to case law which provides that an employer has the discretion to mete a penalty of dismissal where the misconduct in question... More
This is an appeal against the decision of a labour officer acquitting respondent from wrongdoing. The appellant employer was aggrieved by that decision. It appealed to this Court. More
The Appellant is a statutory corporation whose principal function is to act as an agent of the State in assessing, collecting and enforcing the payment of all revenues. At the relevant time, respondent was employed as a Revenue Trainee by appellant from May 2011 until April 2012 when he was dismissed pursuant to a disciplinary hearing conducted on the 13th of April 2012. More
At the hearing of this appeal, Respondents Counsel raised a point in limine concerning the citation of the Respondents. It was his argument that there is no legal persona known as “12 others”. Appellant ought to have cited the 13 Respondents in name in its notice of appeal. He argued that the notice of appeal which cites Chenayi Nyaguse and 12 others is totally defective and cannot be amended as it is a nullity. More
On the 11th December 2020 at Harare, Labour Officer L. Nhandara issued a ruling which ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. Appellant then appealed the ruling to this Court. More
The first respondent, Ezekiel Masamvu, had hiS sugar packaged in Portuguese inscribed satchels seized by first appellant’s officers. Both respondents appeared at Mutasa Magistrates Court for criminal charges of being found with goods not duly accounted for, the state had abandoned the original charge of smuggling in respect of first respondent, the state also charged first respondent herein with s 4 (1) (b) (ii) as read with s 5 of the Food and Food Standards Act [Chapter 15:04], for false description of goods. More
