The matter was originally placed before the Court as an application for condonation for late filing of an application for confirmation of an order by a Labour Officer. The matter was opposed at the hearing, the 2nd respondent raised a preliminary point arguing that the applicant’s representative had no authority to represent the applicant on account of the failure to file proof to that effect. More
This is an application for stay of execution of an arbitral award issued on 20 January 2014.
The application was initially filed with the Registrar as an urgent chamber application on 11 February 2014. On 13 February 2014 the respondent filed with the Registrar a notice of opposition together with respondent’s opposing affidavit. On 17 February 2014 the applicant filed an answering affidavit. On 3 March 2014 this court issued an order dismissing the urgency part of the application and directed that the matter be placed before the court as an ordinary application. More
On 17 August 2015 at Harare, Arbitrator J Ndomene issued an arbitration award. He dismissed appellant’s application for rescission of an earlier award. Appellant then appealed to this court against the award. Respondent opposed the appeal. More
On 21 November 2024, this Court issued an Order in case Number LCH 639/24 barring the Applicant from instituting any proceedings against the Respondent on the same cause of action without paying costs to the Respondent or filing evidence of waiver from the Respondent for such non-compliance. In Case Number LC/H/280/24, Applicant’s application was struck off the roll by reason of the failure to comply with the Court Order. Applicant has brought the present application styled in the Founding Affidavit as an ‘application for condonation for failure to comply with an extant court order, reinstatement of an application for default... More
This is an opposed appeal against the determination of the Labour Officer and the arbitrator dated 4 April, 2023 and 6 September, 2024, respectively.
FACTUAL BACKGROUND More
This is an appeal against an arbitral award wherein the Learned Arbitrator ordered the appellant to reinstate the respondent with no loss of salary with an alternative order for damages should reinstatementbe no longer possible.
The facts of this matter are as follows:
The appellant company’s managerial employees formed a union called the Managerial Credit Union (MCU). The respondent was chairman of that union. It had its own constitution which governed its operations. The appellant was MCU’s guarantor with their bankers, CBZ Bank. Its (the appellant’s) Chief Executive Officer (CEO) was the patron of MCU. The respondent abused the union’s... More
This is an application for ‘an order’. The draft is couched as follows:
“(1) The application for quantification in United States Dollars be and is hereby granted.
(2) The Respondent is hereby ordered to pay the Retrenchees as follows:
(a) Innocencia C. Chitauro US$10 663-38
(b) Cosmas Chitauro US$2 793-36
(c) Respondent to pay costs of suit.”
The application is opposed.
In 2005 the present respondent filed an appeal with this court. The appeal was dismissed in judgment LC/H/70/2005.
At the time that the judgment was granted the respondent was trying to resile from an agreement it had entered with... More
This is a chamber application for a prohibitory interdict brought on a certificate of urgency. The applicant is a duly constituted Association whose existence and governance is in terms of its constitution. It is a voluntary association of some players in the sugar industry. More
: This is an application for rescission of a default judgment issued against the applicant under HC 1648/21. The application was made in terms of r 63 of the old High Court Rules 1971 on the basis that there is good and sufficient cause to do so. More
MUREMBA J: The applicant is Zimbabwe Chemicals, Plastiscs and Allied Workers Union (ZCPAWU), a trade union registered in terms of the Labour Act [Chapter 28:01]. In terms of s 3 of its Constitution it is an independent body capable of suing and being sued on its own. It has the capacity to sue on behalf of its members. Members of the applicant are employees of the respondents. The first respondent is Chemplex Corporation Limited and it is the holding company of G & W Industrial Minerals (PVT) LTD; Dorowa Minerals Limited; Zimbabwe Phosphate Industries Limited; and Chemplex Animal & Public... More
The Respondent was, until his resignation on 29 February 2012, employed by the Applicant as its Acting Director. As an employee of the Applicant he was entitled to use of the employer’s vehicle, an Isuzu Extended Cab Registration number ABK 7760. More
The applicant seeks an order for stay of execution of the arbitral award of Honourable Dzviti issued on 17 December 2015. This is in terms of section 92 E (3) of the Labour Act [Chapter 28:01]. The application has been made pending the determination of the appeal filed with this Court under Case No. LC/H/15/2016. More
The applicant is the registered conglomeration of trade unions and is engaged in the furtherance of its members’ interests. The first respondent is the regulating authority for Harare Central in terms of the Public Order and Security Act [Cap 11:17] (the Act) while the second and third respondents are the Commissioner General of Police and the Co-ministers of Home Affairs under whose authority the first respondent falls. More
“1.That it be hereby declared that the sudden conduct and/or practice by employers in Zimbabwe (with the 3rd, 4th, 5th, 6th, 7th and 8th respondents as examples), purportedly as a response to the Covid-19 pandemic, whereby they prohibit unvaccinated employees from reporting for work and from continuing to perform their obligations under subsisting contracts of employment is/are an infringement of the fundamental right to human dignity of the affected employees protected by section 51 of the Constitution of Zimbabwe, 2013.
2. That it be hereby declared that the sudden conduct and/or practice by employers in Zimbabwe (with the 3rd, 4th,... More
Despite the bulky paper work involved in this case coupled with the detailedand well thought submissions made by the two counsels I prefer to follow a simplified version of this case and put it in the following terms:
Following a series of meetings which were chaired by the first respondent as president of ZCTU and which commenced in 2010 and which meetings included basically all the parties now soaked in this litigation the parties unanimously agreed that the organization would hold its General Conference between 19 and 20 August 2011. More
