On 16th September 2011 the Honourable C Mesikano made an arbitration award. Amongst other things he ordered Appellant to pay Respondents an amount of US$9, 363, 362.18 with immediateeffect. Appellant then appealed to this Court against the award. Respondents opposed the appeal.
Two developments occurred in this Court which require recording. Firstly Appellant withdrew its Notice Of Amendment tothe grounds of appeal. The withdrawal was made orally at the commencement of oral arguments. Respondents had no issue/s with the withdrawal. That left the original grounds of appeal intact. Secondly both parties’ attorneys agreed to amend the citation of the parties... More
The Appellant was employed by the Respondent on a fixed term contract from 28 July, 2009 to end of June, 2010. The Appellant then absented himself from duty without leave from 21 September, 2009 to 16 October, 2009. This was during examination time when he should have been part of the invigilating team and when he should have been present when students wrote his examination paper. More
The Respondent was the Applicant’s credit controller from 18 September, 2009. The Applicant paid the Respondent agreed wages from September to November, 2009. From December, 2009, the Applicant stopped paying the wages. No wages were paid for the whole of 2010. Instead Applicant was giving the Respondent a transport allowance. On 5 February, 2011, the Respondent approached the Applicant, asking for the outstanding wages. The Applicant refused to pay him. The Respondent referred the issue to a labour officer who referred the issue to arbitration. More
This is an urgent chamber application for a provisional interdict.
The facts are that on 10 July 2013 I dealt with the matter on the unopposed roll. The applicant who is the first respondent in this matter had applied for a provisional sentence on a liquid document namely an acknowledgement of debt by all the respondents (some of the applicants in this matter). The draft order was headed “Order by Consent” and its first paragraph reads:- “1. The Deed of settlement under HC 4283/13 be and is hereby made an order of this Court”. I raised a query relating to... More
The Appellant was dismissed by the Respondent Company on allegations of theft of money meant to be remitted to the bus company by him after conducting his bus conductor duties. A Disciplinary Committee sat over his matter and dismissed him. Aggrieved by the dismissal, he appealed to the internal appeal structures without any success. Finally he appealed to this court and it is that appeal which is the subject matter of this judgment. More
This is an appeal against a decision by an arbitrator sitting at Bulawayo. The appellant was employed by the respondent on a fixed term basis (monthly). The operative part of the contract reads as follows:
“7. This contract will, upon the completion of the time period, terminate and no expectation of being re-engaged at any time in future should at any time be read into this contract. Termination will be automatic at the conclusion of the contract although as a common courtesy the Company will endeavour to give advanced warning of their intention to terminate and not to renew. Failure... More
