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
The parties herein were formerly husband and wife. Two minor children were born from the union, namely Anthony Christie Pissas (born 8th March 1994) and Dean Alexander Pissas (born 13th October 1995). On 2 November 2006 this Honourable Court granted a decree of divorce in favour of the respondent herein. The respondent was awarded custody of the minor children. Prior to the decree of divorce being granted the parties had entered into a Consent Paper in terms of which other ancillary relief was provided for. More
This is an application for the review of proceedings by Designated Agents Machikiti and Ruziwa, which proceedings resulted in an order dismissing the preliminary point by the respondent employer association and the success of the workers union, the claimant’s claim.
The background to the matter is that, the applicant Brewing and Distilling Employers Association referred to in this judgment as Employers Association and the Brewing and Distilling Workers Union referred to in this judgment as Workers Union went before the 2 Designated Agents following a dispute around negotiations of wages and wages and benefits etc. More
The respondent was employed in terms of a letter of appointment whose terms read as follows in part:
“Subsequent to the various discussions we had with you recently, we are pleased to offer you a contract of employment as Procurement and Marketing Manager to Mapako (Pty) Ltd and its related companies.
Date of Commencement: 1st September 2009
Duration of Contract : Open ended
Subject to notice as detailed below:
Location: This can be either in Zimbabwe, at your current home in Marondera, or in Francistown Botswana, at your election. While you remain in Zimbabwe, for administration reasons, you will be... More
This is an application for condonation and, extension of time within which to file an application for the reinstatement of an appeal filed by the applicant against the judgment of the Administrative Court upholding the granting to the second respondent by the first respondent, of a permit to subdivide a property. The application is made in terms of r 70 of the Rules of this Court. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare handed down on 31 January 2023 wherein the court
a quo dismissed the appellant`s claim that certain loans advanced to the first respondent be repaid in United States dollars. More
This was an urgent chamber application to stop an eviction on the grounds that the second respondent, the messenger of court, allegedly on the back and call of an official from the Ministry of Lands, was straying outside the four corners of the court order that defined the premises the applicant, and all those claiming occupation through him, had to be evicted from. More
On 31 May 2017 we dismissed the appellant’s appeal with costs. We promised to provide our reasons within fourteen days. Regrettably, the period proved too ambitious. We had not reckoned with a workload build-up in the days that followed. More
