The appeal is noted against the arbitral award handed down on 3 May, 2010 wherein the Arbitrator upheld the conviction and consequently dismissal of Appellant by the Respondent for violation of the applicable code.
The material background facts are as follows:
The Appellant was employed by the Respondent as a Foreman, a managerial position. He was arraigned before a disciplinary hearing authority on the 5th of November, 2009 on allegations of 3 violations ofStatutory Instrument 15 of 2006of the National CodeSection 4 (a)i.e. any act of conduct or omission inconsistent with the fulfillment of the express or implied conditions of... More
The background to this matter is as follows:
The Respondents were being represented by Messrs Dube, Manikai and Hwacha. On 7 May 2013 Appellant filed her heads of argument and such heads were served upon Respondents’ legal practitioners. Respondents had 14 days within which to file its heads of arguments. For various reasons Respondents’ legal practitioners failed to file such heads of argument. On 4 June 2013 Respondents were served with a notice of set down to appear in this court on the 13th of June 2013. On 12 June 2013 Respondents’ lawyers filed a notice of renunciation of agency.... More
On the 21st March 2007 this court granted an order by consent in HC6497/05 stating, inter alia, that: -
“1. Within 60 days of receipt of a valuation report issued by a valuator nominated by the second respondent, the applicant shall pay to the estate of the late Lovemore Mutandwa DR1135/05, 50% (fifty percent) of the assessed value of Stand 3693 Highfield (the property).
2. Within a further 10 days of the payment of the 50% share, the first respondent, failing which the Deputy Sheriff, shall sign such documents as may be necessary to pass transfer of the property to... More
After hearing submissions from counsel representing the applicant and second respondent I dismissed the urgent chamber application in casu with costs. I gave brief reasons. I did indicate that my written reasons could be furnished upon request.The applicant through its legal practitioners has requested to be furnished with the written reasons. These are the reasons. More
This is an application for condonation for late noting of appeal. The brief facts are that the Applicant was employed by the Respondent at its Lytton Road factory. On 12 December 2009 whilst on duty, the Applicant engaged in a fight with another employee, who was his supervisor by the name Dennis Gamariel. The two were both attended at Harare Hospital for injuries received during the fight. The medical affidavits were produce during the hearing. As a result the Applicant was charged and found guilty with physical assault and fighting in contravention of section 9.2.2.xi of the Respondent’s Code of... More
The 2 applicants are husband and wife who are seeking an order for the eviction of the first respondent, and all those claiming occupation through her, from stand 17405 Katanga Norton. The applicants state that they purchased a vacant stand from WinniePatimaKandengwa and Charles Aaron Kandengwa on 4 August 2008 and have referred to a sale agreement filed in HC 12070/11 a matter in which the first applicant sued the sellers, the second respondent and the Deputy Sheriff for transfer of right, title and interest in that stand. More
This is an application for review of the decision by the Respondent leading to the Appellant’s dismissal.
Facts of the case are that Applicant was brought before a Disciplinary Committee at his workplace facing allegations of contravening the Respondent’s Code of Conduct. When he was supposed to appear before the committee he stated that he was unwell to be present at the proceedings. More
