This is an appeal against the decision of the Negotiating Committee of the National Employment Council for the Commercial Sector (NECCS) which upheld the dismissal of the Appellant from Respondent’s employment. More
This is an appeal against the Arbitrator’s decision where he held that the Respondent (employee) had failed to demonstrate that the claimant (the employer) had been in willful default at a quantification hearing before an Arbitrator.
The facts of the case are that the employee left employment in circumstances where he claimed that he had been constructively dismissed and the employer maintained that he had resigned voluntarily from his job. At Arbitration over the constructive dismissal claim the Arbitrator ruled in favour of the employee. At a later stage the employee approached the Arbitrator for quantification of damages of the... More
The appellant was convicted by the Regional Magistrate, Eastern Division, of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] after a contested trial. He was, on 7 December 2011, sentenced to 14 years imprisonment of which 4 years were suspended for 5 years on the usual condition. Dissatisfied with both his conviction and sentence, he now appeals against both conviction and sentence. The facts upon which he was found guilty of the crime of rape in the court a quo can be summarised as follows. More
In its response to the appeal, Respondent raised a point in limine to the effect that since the NEC Appeals Board (Appeal Board) is comprised of two representatives or their alternates from each of the Parties vis the ZIMBABWE BANK & ALLIED WORKERS UNION (ZIBAWU) and the BANKERS EMPLOYERS ASSOCIATION OF ZIMBABWE (BEAZ), ZIBAWU can not appeal against its own decision. More
On 17 August 2009 the plaintiff issued summons out of this court for the eviction of the defendants and all persons claiming title through them from Stand 332A Muguta Extension Epworth, holding over damages at the rate of US$1-33 per day calculated from 1 February 2009, interest thereon at the prescribed rate and costs of suit. The defendants contested the action and raised both the special pleas of res judicata and lis alibi pendens before pleading over to the merits. More
The applicant seeks the following order;-
“1. A declaratory order do hereby issue to the effect that the light of a surviving spouse to a matrimonial home as a personal light which dies with the holder.
2. A declaratory order do hereby issue to the effect that the right of Clara Mtokela to inherit the matrimonial home from the Estate late Kokerai Dera is not transmissible to Estate late Clara Mtokela.
3. A declaratory order do hereby issue to the effect that the first respondent identifies the correct beneficiaries to the estate late Kokerai Dera.
4. It is ordered that... More
This is an application for review of the decision by the Respondent to dismiss the applicant on charges of contravening its Code of conduct. Applicant is said to have conducted himself in a disorderly manner and deliberately refused to carry out an order in circumstances where he was held to be insubordinate.
The facts of the case are as follows:
On 21 June 2012 Applicant was served with a notification to attend a Disciplinary Hearing. On the same day when he appeared before the Committee he was advised that his charges were that he had participated in a work stoppage... More
