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
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
“It is deplorable that the Rules of Court are not studied or taken seriously by the legal practitioners who practice in those courts. It is part of a legal practitioner’s legal duty to his client to ensure that he is well versed in the Rules of the Court in which he appears on behalf of his client. Not to be conversant with the Rules constitutes, in my view, gross negligence on the part of a legal practitioner vis a vis his client” (per ZIYAMBI JA in Innocent Kadungure v Cheryl Chandi Kadungure SC 19/07) 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
