This is an appeal against the judgment of the High Court ordering the appellant to pay the outstanding amount due to the respondent in United States dollars (USD) as opposed to its Real Time Gross Settlement (RTGS) equivalent. More
Pending the determination of the application for review under HC4317/22 Applicant is granted the following relief
1. First and second respondents be and are hereby interdicted fromeffectuating carrying into execution and /or performing the tender award to the second respondent described as CIP and Chemicals Tender. More
This is an application for condonation of late noting of appeal against the decision of Honourable Arbitrator Ndomene which was issued on the 16th of May 2012. The Arbitrator confirmed the Respondent’s ruling to dismiss the Applicant from employment.
The Applicant has given his reasons for the delay. He stated that he was in the rural areas and he could not pay the Arbitrator. He has also stated that he has prospects of success because his absenteeism was due to illness during a period when the country was going through an economic meltdown. The Applicant also stated that the 2nd... More
On the 17th of October 2022, I dismissed this application ex tempore with costs on the ordinary scale. I have been requested to give reasons and these are they. More
This is an application for cancellation of a lease agreement entered into between applicant and respondents, in respect of stand 279 Woodlands, Uplands, Waterfalls, Harare. Applicants also sought the eviction of the respondents from the above property. Applicants claimed for arrear rentals in the sum of $28 700.00 and holding over damages in the sum of $700 per month from the date of summons to the date of eviction. Applicants alleged nonpayment of rentals as the basis for cancellation More
Applicant applied to this Court for the review of her dismissal from employment by Respondent. The application was made in terms of section 89(1) (d1) of the Labour Act Chapter 28:01 hereafter called the Act. Respondent opposed the application More
Applicant submitted that respondent’s opposing affidavit was not properly commissioned because it does not show the date when the Commissioner of Oaths signed it.
Applicant further submitted that the typed date above the deponent’s signature is not enough. More
Applicant applied for leave to appeal this Court’s judgements to the Supreme Court.
The application was made in terms of Section 92F (1) of the Labour Act Chapter 28:01 as read with Rule 43 of the Labour Court Rules, 2017. Respondent opposed the application. An application for leave to appeal is determined by a consideration of two factors which shall be dealt with ad seriatim. More
This is an application for confirmation of a ruling/order made by the applicant in terms of section 93 (5) (5a) of the Labour Act [Chapter 28:01] “the Act”.
The applicant submitted that she heard a matter between the first and second respondents. After considering the matter she made a ruling that the first respondent was unlawfully dismissed. More
This is an application for the confirmation of a ruling made by the applicant in terms of section 93 (5) of the Labour Act [Chapter 28:01] as amended. Applicant is a labour officer in the Ministry of Public Service, Labour and Social Services. On 23 February 2016 applicant made a ruling in the matter between Machaba and the respondent. Machaba had been employed by the respondent as a legal secretary from 21 December 2010 to October 2015 when the contract of employment was terminated on notice. Machaba then approached the Ministry of Public Service, Labour and Social Services claiming terminal... More
This is an application for confirmation of the draft ruling by Labour OfficerBrenda Garudzo that was handed down on the 8th of March 2019.
The brief facts of the matter are that,
(i) The 2nd Respondent was employed by the 1st Respondent as a Sales Consultant in November2013.
(ii) In November 2016 she was promoted to the position of a Team Leader.
(iii) On the 26th of May 2017 she was charged with misconduct and she was dismissed from employment on the 3rd of August 2017.
(iv) She appealed to the Appeals Committee but before the Appeals Committee had made... More
On the 25th August 2022 at Harare, applicant in her capacity as a Labour Officer issued a ruling. She ordered 2nd respondent (employer) to pay 1st Respondent (employee) a sum of US$507 917 and other items. Apparently the employer did not comply. Applicant then applied to this Court for the confirmation of her ruling in terms of section 93(5a) of the Labour Act Chapter 28:01. The employee supported the application whilst the employer opposed it. More
Deceased died in 2021 and his estate was declared intestate and first respondent was appointed executor. While processes were underway a soldier’s will was thrown into the fray. The will disentitled everyone else except the second to the fifth respondents. First respondent finalised a new interim administration and distribution account based on the soldiers will. The application seeks a declaration for second applicant to inherit from the deceased’s estate. More
This is a claim by the plaintiff against the defendant for ZAR 17 353-00 for the repair between 19 and 30 December 2008 of two fuel pumps. The plaintiff also seeks interest at the prescribed rate from 27 January 2010 to the date of payment in full. In the pleadings the plaintiff sought costs on the ordinary scale but in his oral submissions Mr Morris, for the plaintiff, applied for punitive costs. The defendant disputed the entire debt. More
This court is generally reluctant to interfere with unterminated proceedings in the inferior courts. However, as shall be demonstrated in this case, certain exceptions warrant the intervention of this court guided by the interests of justice principle. The applicant approached this court seeking the review of the decision of the first respondent. The first respondent dismissed the application for discharge at the close of the State case which was lodged by the applicant. More precisely, the applicant prays for the following relief:
“1. The decision of the first respondent dismissing the applicant’s Application for Discharge at the Close of The... More
