On the 6th November, 2013 Arbitrator Dangarembizi issued the following award:
“That the dismissal of the claimant is unlawful and is set aside and the Respondent is hereby ordered to pay damages in United States Dollars for unlawful dismissal, the quantum of which is to be agreed by the parties granting the order, failure of which either party may apply to this Tribunal for quantification More
This is an application to strike out the declaration filed by the plaintiff on the ground that it is superfluous.
The plaintiff issued an endorsed summons which was accompanied by a declaration. Appearance to defend was then filed on behalf of the defendants. Subsequently the defendants requested for further particulars to which the plaintiff responded. The defendants again sought further and better particulars to which the plaintiff responded. The defendants then wrote to the plaintiff pointing out that the filing of a declaration was superfluous since the plaintiff had opted to file an endorsed summons. The defendants intimated an intention... More
This is a case in which originallythe plaintiff, Michael Johnson, sought payment from the first defendant, PhilipEllse, of the sum of US$80 000-00 (eighty thousand United States Dollars) being the outstanding amount owed to the plaintiff for an outstanding loan together with interest up to the in duplum limit. More
The facts of this case are not in dispute. Following suspicion that some employees including appellant defrauded respondent through false travel and subsistence claims, investigations were made. The appellant together with other employees involved in the fraudulent activities were charged for violating paragraphs 13 e and 24 of the first schedule of the Civil Service Regulations, 2000 as amended. He was found liable and dismissed from employment with effect from 16 April 2015. More
This is an application sui generis. The facts of the matter are briefly as follows. Respondent was employed by the applicant. Following allegations of misconduct, respondent was brought before a disciplinary committee which found him guilty and recommended his dismissal. The matter was later referred to arbitration and finally ended up at the Labour Court. Respondent’s dismissal was upheld. It should be noted that since the dismissal of the matter at the Labour Court sitting at Gweru, respondent has approached the High Court and the Labour Court with various applications. This is the reason why applicant has approached this Court... More
This is an appeal against the decision of Honourable Arbitrator Fidelis Matanhire that was handed down on 12 February 2016. The award states as follows:
“In light of the above arguments and evidence placed before me, it is my observation and determination that the Claimant was constructively dismissed and thus should be
(i) Reinstated without loss of salary and benefits or
(ii) If this is not possible, parties to negotiate for damages for loss of employment within twenty one (21) days from receipt of this award.
(iii) Thereafter, any party may approach this tribunal for quantification and registration of the... More
