At the hearing of this matter I upheld two points in limine and struck the matter off the roll. These are the detailed reasons for that decision.
On 4 November 2013 appellant noted an appeal against the interim award of the Arbitrator P Bvumbe and the main award. Though the grounds of appeal indicate that these awards were served on the appellant on 4 October 2013 they were actually served on different dates. The first award which is marked “A” was received by appellant’s legal practitioners on 26 July 2012 having been issued on 21 July 2012. The second award... More
The parties to these matters requested that they be consolidated, that is, the appeal, the review and the cross- appeal. The Court acceded to the request. More
This is an urgent chamber application for what Applicant termed Interim Relief andUrgent Hearing. This follows an arbitral determination dating back to 21 February 2007, which awarded the Respondent reinstatement and back pay and benefits totaling ZWD$22 352 000.00. This was followed by another award dated 17 September 2013 which ordered that the amount awarded be converted to United States dollars using the exchange rate of the Reserve Bank of Zimbabwe prevailing at the date of the award i.e. 22 February 2007. It was also ordered that Applicant pays Respondent US$16 000.00 as damages in lieu of reinstatement. More
Respondent is in the employ of appellant. Respondent and other workers approached the Labour Office in 2010 alleging non-payment of wages. Honourable Arbitrator L.B. Ndlovu gave an order instructing appellant to pay the workers wages due to them. This resulted in a Certificate of Settlement being subsequently issued by the Labour Officer Madziya on 13 March 2013. More
Appellant who was in Respondent’s employ as a Cutting Room Supervisor and dismissed for gross incompetence or inefficiency (Clause 3(j)(Serious Misconduct) of the Clothing Industry Code of Conduct SI 132 of 1994) More
This matter was previously set down on 30 June 2010 before Matanda –Moyo J. The Judge issued an order for the matter to be postponed sine die. The matter was to be set down once the Heads of Argument were filed. The matter was re-set for 13 February 2014and none of the parties have appeared. The return of service shows that the offices of the union have relocated to an unknown address, which means that the respondent was not served. However, the return in respect of appellant shows that it was served on Wintertons Legal Practitioners on 24 January 2014.... More
