This is an appeal against the decision of Registrar of Labour allowing the registration of second respondent in terms of section 45 of the Labour Act, [Chapter 28:01]. Appellant is dissatisfied with the decision and has appealed to this Court. Appellant’s grounds of appeal are as follows:
1. The Registrar erred at law by disregarding the general rule enshrined in section 45 (i) (iv) of the Labour Act [Chapter 28:01] on the desirability of reducing to the least possible member, the number of entities with which employees and employers have to negotiate.
2. The Registrar misdirected herself and erred at... More
The plaintiff is described in the summons and declaration as a company incorporated in terms of the laws of Zimbabwe. The defendant did not take issue with the description of the plaintiff as a company. A reading of the subsequent filed pleadings clearly show that the plaintiff is a union. As such the plaintiff must be an unincorporated association since the citation does not include the references, “private limited” or “limited” as required in law where a company is involved. The correct reference is important as it informs the court of the plaintiff’s locus standi and legal standing to bring... More
This is an application for the setting aside of an arbitral award in terms of Article 34 of the Model Law (Schedule to the Arbitration Act [Chapter 7.15] which provides in Sub-Article 2 as follows:
“Any arbitral award may be set aside by the High Court only if-
(a) …..
(b) the High court finds, that –
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of Zimbabwe, or
(ii) the award is in conflict with the public policy of Zimbabwe.” More
It is quite clear from the facts presented before me that the leadership of the 1st applicant, the Zimbabwe Sugar Milling Workers Union (the Union) is hotly contested. There are two factions claiming to be the legitimate Executive Committee members of the Union. These two factions have been for sometime now engaged in bruising legal battles apparently taking no prisoners. More
The respondent in casu argued that he was on a contract with no limit of time and he had been unfairly dismissed with no notice given before the termination of his contract of employment. More
The applicants seek a declaratory order in terms of s 85(1) of the Constitution as read with s 14 of the High Court Act [Chapter 7:06]. They argue that because the Constitution in s 65, entrenched the right to collective bargaining and to organize, the current scenario where public servants are precluded from doing so is not only untenable but also unconstitutional. They contend that the perception that the right to collective bargaining is being implemented is a facade because what is being undertaken currently is simply a consultative process based on the provisions of the repealed Constitution. That they... More
In this application the following relief is sought;-
“It is ordered that:-
1. The award of quantification of damages made by the second respondent on 28 October 2011 be and is hereby set aside.
2. The first respondent pay the costs of suit.” More
Section 3 of the Class Actions Act [Cap 8:17] provides as follows:-
“Application for leave to institute class action
(1) Subject to this section, the High Court may on application grant leave for the institution of a class action on behalf of any class of persons.
(2) An application for the institution of a class action –
(a) may be made by any person, whether or not he is a member of the class of persons concerned; and
(b) shall be made in the form and manner prescribed in rules of court. More
This is an appeal against an arbitral award.
The respondent was employed by the appellant as its human resources manager from 1 July 2012. The contract was to run to the 30th of June 2015. On the 28th of April 2014, the appellant was however charged in terms of the National Employment Code of Conduct SI 15 of 2006, of gross incompetency or inefficiency in the performance of her work being a charge under Section 4 (f). More
This is an application for review of the decision that was made by the Respondent. On the 3rd of January 2014 the Applicant made an application to the Respondent for an exemption from compliance with a 6% wage increase. The Applicant sought to be exempted from compliance with the approved increase for twelve (12) months starting from July 2013 to June 2014 but the Respondent only allowed a one month exemption for June 2014. More
This is a delictual claim for damages arising from a collision between a bus belonging to the plaintiff and a tractor and trailer owned by the defendant. More
This is an application for leave to execute the judgment of this Honourable Court in case number HC 5501/06 delivered under HH 238/17 dated the 12th of April 2017 pending the determination of two appeals filed by the respondents separately in case number SC 289/17 on 5 May and 9 May 2017 respectively. More
The plaintiff, Zimbabwe United Passenger Company, better known as ZUPCO issued summons in 2006 for the eviction of the defendants or any persons occupying the premises through them, to vacate premises known as No. 9 Hood Rd, Southerton, Harare. ZUPCO also sued for costs jointly and severally on a higher scale. More
