This is a chamber application for condonation of late filing of appeal against a decision of the Respondent’s Disciplinary Committee. Applicants were dismissed on 25 September 2012. The letters notifying them of the results of the disciplinary hearing and penalty of dismissal have an endorsement “refused to sign”. Applicants however claim that they were not given a dismissal letter but were given minutes of the hearing. They further claim to have been advised by NECCS for Agriculture that they were out of time to appeal. They also indicate that at the Ministry of Labour the Respondent said the Labour Officer... More
The Respondent worked for Appellant as a Till Operator. He was dismissed from employment with effect from 29 October, 2010 on a charge of UNSATISFACTORYWORK; PERFORMANCE.It was Respondent’s case that firstly, on the 11th of September, 2010 he took an orange drink and vanilla biscuits to another till operator, Joseph Dube. Although the till operator rang the goods on his till, the Respondent did not pay for the goods.Secondly, on several occasions between the 23rd September, 2010 and 27th September, 2010 the Respondent incurred shortages amounting to $131, 77 as follows;
22/09/10 $15, 09
23/09/10 $61, 66
24/09/12 $19, 48... More
: This is an appeal against the whole judgment of the Harare magistrates court delivered on 28 October 2011 in which the magistrates court set aside a default judgment which had been granted in the appellant’s favour.
The facts giving rise to the appeal can be summarised as follows:- More
The matter was placed before me as an application for condonation of late noting of appeal.
On the date of hearing the Respondent took a point in limine that by virtue of the provisions in Section 92 of the Labour Act [Cap 28:01]which provisions limit representation of parties in the Labour Court to registered legal practitioners or official/employees of registered trade union/employer organization of which the employee is a member; that it being very clear that by the time of his dismissal the Applicant was not a member of any trade union affiliated toZimbabwe Congress of Trade Union(Z.C.T.U.) and that... More
This is an application in terms of s 318 of the Companies Act [Cap 24:03] for an order declaring the first respondent to be personally liable for the judgment debt of Coldrac Products Private limited t/a Tacoola Beverages in case number HC 3159/11.
The relief that the applicant seeks is that: More
The applicants approached this court on a certificate of urgency, seeking spoliatory relief on an interim basis and declaratory and interdictory relief in the final against the respondents.
At the hearing the respondents raised various points in limineviz:
(i) Whether the applicants had locus standi to seek protection of the court;
(ii) Whether the deponents to the founding affidavits had authority;
(iii) Whether spoilatory relief was available to the applicants when they allege more than possession i.e. go into the merits of the possession;
(iv) Whether the matter is urgent;
(v) That there are serious disputes of fact; and
(vi)... More
This is an application for summary judgment against the three respondents who are the defendants in Case No. HC 8904/10 (hereinafter referred to as “the main matter” or “the action”). The applicant is the plaintiff in the main matter, in which it instituted proceedings for the ejectment of the respondents from the assistant manager’s house at Good Hope Farm. The facts which underlie the dispute between the parties are as follows: More
