On the 25th October 2013 this Court delivered a judgment allowing an appeal against an arbitral award which was in favour of the applicant.
Aggrieved by the judgment, Applicant then filed this application for leave to appeal to the Supreme Court. In terms of Section 92F (1) of the Labour Act [Chapter 28:01] appeals to the Supreme Court against a Labour Court decision shall be premised on a question of law. More
This is an application for rescission of a judgment of the 6 March 2014 by Chivizhe J.
Applicant and his representatives of record, the Zimbabwe Furniture Timber and Allied Trade Unions did not turn up for a hearing on the 6 March 2014 which was set down for0900 hours, despite proper service of the notice of set down.
In the application before me it is explained that on the day in question the applicant got ill and had severe diarrhoea leading to his attendance at Highlands Clinic. Further it was explained that applicant failed to advise his representatives on time... More
This application is made in terms of s 24(1) of the former Constitution of Zimbabwe (hereinafter referred to as “the Constitution”), which provided:
“24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may,... More
The applicants appeared before a Magistrate at Nyanga on 18 February 2011 facing charges of public violence as defined in Section 36 of the Criminal Law [Codification and Reform] Act, [Chapter 9:23]. The applicants were legally represented. At the hearing the applicants raised a number of complaints regarding the manner of their arrest. The matter was thereafter postponed on a number of occasions to enable the Court to deal with the various issues raised. On a date that is unclear on the record but in May 2011, the applicants, without giving notice to the prosecution, applied to the magistrate for... More
This matter was set down for the purposes of hearing argument on an application for condonation of late noting of an appeal. The parties did not file heads of argument as required by the Rules of this Court – Statutory Instrument 59/2006 (Rule 19). When parties appeared I enquired as to why heads not been filed. More
The background facts are that there is no specific National Employment Council for the Funeral Sector. To date appellant and its employees have been regulated by the National Employment Council for the Commercial Sectors of Zimbabwe SI 45/93. Respondent was registered as a trade union in 2005 in respect to the interests in the funeral services and assurance undertakings. Attempts by respondent to negotiate on the formation of an N.E.C. for the Funeral Sector and thereafter negotiate conditions of employment, were unsuccessful due to non cooperation from the Zimbabwe Association of Funeral Assurers (ZAFA). Respondent brought a complaint before the... More
This is an application for the stay of execution of an award granted by arbitrators. It is opposed. The application was made in terms of section 92E (3) of the Labour Act [Chapter 28:01] (The Act). Parties appear to agree that the figure set by the arbitrators as the appropriate salary needs to be discussed further. This can only happen while the arbitral award has been suspended. If the award is not suspended the respondent has the right to enforce it. More
