On 5th July 2012 this Court made an order. The terms of the order read as follows,
“Respondent having failed to file its response in terms of Rule 15 of the Labour Court Rules Statutory Instrument 59 of 2006: and further having also failed to show good cause for such failure to file a notice of response, a default judgment be and is hereby entered against the Respondent. The appeal is consequently allowed by reason of Respondent’s default.” (The underlining for emphasis is mine) More
This is an appeal against the decision of the Arbitrator where she dismissed the Appellant’s claim. Appellant was seeking to be substantively appointed to grade 11 (Senior Clerical Officer) a position which she claims had acted in for long and thus had a legitimate expectation to be appointed substantively to that position.
Facts of the case are that Appellant joined the Respondent Council as a general labourer grade 15/16 in 1999. In 2003 she had occasion to act in a capacity above her grade and received some acting allowance for that grade. During the course of that acting her superiors... More
Applicant (the employee) applied for a rescission of the judgment handed down in default of his appearance at the Labour Court on 13 June 2012 in favor of the Respondent (the employer). This forms the basis of this judgment.
The background of the case is that the employee was dismissed by the employer following disciplinary proceedings which were conducted in his absence at the workplace. His matter ended up at the Labour Officers and finally at arbitration where the arbitrator made an order wherein among other things the employer was ordered to reinstate the employee to his original position. More
The plaintiff instituted action proceedings against the defendant claiming delictual damages. The back ground to the matter is as follows. On 30 January 2010, the plaintiff and the defendant were driving their motor vehicles along Borrowdale Road. The motor vehicles were involved in a collision near Celebration Centre. The collision was caused by the negligence of the defendant in that he drove his motor vehicle without due care and attention to other road users. The defendant paid a fine as an admission of guilty. More
The plaintiff, a duly incorporated engineering company which is involved in inter alia the manufacture of fuel tanks, instituted summons action against the defendant, a bus company, for damages arising out of a motor vehicle accident which occurred on 8 November 2009 at the intersection of Mharapara and Seke Roads in Chitungwiza. More
This is an appeal against the Arbitrator’s award which reinstated the Respondents and ordered the Appellant to restart the termination/ retrenchment exercise.
The background facts are as follows. The Respondents were employed by the Appellant Company (the company). On the 11th day of July 2011 the company sent a memorandum to all the employees informing them that the company was closing down for reasons the employees were aware of. The closing date was given as the 12th July 2011 which was the following day. More
