This is a matter which was supposed to be disposed of in Chambers in terms of Rule 19(3)(a) of the Rules of this Court. However, when the applicant lodged the application for dismissal of the appeal, the record of proceedings was in bad shape. I therefore instructed the Registrar’s Office to have the record properly arranged and paginated. After the completion of that process and out of extreme caution I asked that the matter be set down for a hearing More
This is an appeal against the decision of the Negotiating Committee of the National Employment Council for the Commercial Sectors which confirmed on appeal, an earlier dismissal verdict from employment of Appellant by the Mashonaland Local Joint Committee.
The Appellant was employed by Respondent as a security guard and at the material time he was guarding at the main gate at AfdisSoutherton. Appellant was charged for dishonesty and other related offences, in particular, theft in terms of the Code of Conduct for the Commercial Sectors. It has alleged that he had stolen a 750 mls bottle of Amarula and another... More
This is an application for review. The applicant is employed by the respondent as an administration officer. He was charged with misconduct in terms of section 44 [2][a] of the Public Service Regulations 2000 as amended, following an investigation into the missing sanitary wares for Donax Enterprises (Pvt) Ltd at Harare Metropolitan Province. He was alleged to have violated paragraphs 2, 3 and 24 of the First Schedule (section 2) of the abovementioned regulations. More
The plaintiff issued summons in which the following relief is being claimed:
a) Payment of US$225 000 together with interest at the prescribed rate.
b) An order that the second defendant shall not transfer stand number 7488 Salisbury Township held under deed of transfer number 697/02 to the first defendant until payment of US$225 000 has been made to the plaintiff by the first defendant.
c) That the first defendant shall pay costs of suit on a legal practitioner and client scale More
This is an appeal against the decision of the Negotiating Committee Appeals Board which confirmed the Appellant’s dismissal following allegations of unsatisfactory performance of his duties at the Respondent company where he was employed at the time of the alleged misconduct.
Facts of the case are that on 13th October 2011 Appellant was carrying out his security guard duties at Tiger Transport where Respondent Company had been contracted to provide security services. During that period 2 heavy duty batteries were stolen from one of the trucks parked at the place where the Appellant was guarding. More
This is an appeal against an arbitral award handed down at Masvingo on the 14th of October, 2011. The Respondent opposes the appeal and has also noted a cross-appeal against the same arbitral award.
The background facts to the matter are as follows;
The Respondents were employed by theAppellant on fixed term contracts. They were employed as Shop Assistants Grade 4 (as submitted by Appellant and rebutted by Respondent) in respect of Kapitano, Davison Gavaya and Cashier grade 6 (Jane Madondo). The terms of office were supposed to expire in the case of I. Kapitano in May 2011, for D.... More
On 27th July 2012 the Honourable L.Chibvongodze made an arbitration award. In terms thereof she ordered Appellant to reinstate Respondent’s employment. Appellant then appealed to this Court against the award. The grounds of appeal were two-fold namely,
“1. The Arbitrator erred at law in determining a matter which she had no jurisdiction to determine upon.
2. The Arbitrator erred grossly both on the facts and at law in interfering with the penalty imposed by the Appellant, which penalty was an exercise of discretion.” More
