On 13 October 2011 after hearing both counsel I dismissed the application with costs. The reasons given for the dismissal were as follows:
The applicant approached this court seeking an order to rescind two judgments granted against him in default in case number HC1448/05. The default judgments were granted on 1 June 2005 and on 6 April 2006. He also sought an order that he files his plea to the summons in HC1448/05 within ten days from the grant of this order. More
Appellant raised a point in limine that the Respondent was barred. Appellant submitted that it served its Heads of Argument upon the Respondent on 16 February 2012. Respondent was obliged to file its Heads of Argument within 14 days of receipt of Appellant’s Heads. He did not do so. Accordingly he is barred and should not be heard. The Respondent argued that the Appellant filed its Heads prematurely before the Registrar had issued a notice to file a response upon the Respondent. If the issue before me was that Respondent failed to file its notice of response on time I... More
Unfolding events in these two matters must rank on top of what the Supreme Court decried very loudly in Ndebele v Ndebele 1992 (1) ZLR 288 (S) 290 C-E. It stated: More
This is an appeal against an award made by an arbitrator sitting at Harare. The award was handed down on 27 January 2012.
The appellant did not apply for the suspension of the operation of the award being appealed against pending the finalization of the appeal.
The respondents have now raised a point in limine. Mr Mazhetese who appears on behalf of the respondents argued that the appellant has approached this Court with ‘dirty hands’. This is so Mr Mazhetese argued,because the Labour Act Chapter 28:01 (The Act) stipulates that an appeal against an award does not suspend the operation... More
This is an appeal against the Arbitrator’s ruling ordering Appellant to appoint Respondent to the position of Personal Assistant to the Human Resources Director, following a council resolution of 29 May 2008.
The brief facts are that the respondent is an employee of the appellant. Sometime in May 2008 Appellant advertised a vacancy notice for Personal Assistant to the Human Resources Director which is a Grade 8 appointment. Respondent amongst others responded to the advertisement. She was then invited to and attended an interview. She was placed as an alternate candidate who would take up the post should the first... More
This is an appeal against an award by an arbitrator sitting at Harare. The facts of the matter are largely common cause. These are they. The respondent was employed by the appellant. Disciplinary proceedings were conducted against him. He was found guilty. He was penalised with dismissal. He appealed internally in terms of the obtaining appeal process. Appellant, for whatever reason, never sat to determine the appeal. This was so despite reminders from the respondent. A situation where an employer decides to ignore the plight of a dismissed employee in asserting his rights is unacceptable. Section 2A(1) of the Labour... More
