This is an application for condonation for late filing of Notice of Response and Heads of Argument and upliftment of bar currently operating against Applicants. The application is opposed. The parties initially appeared before the Senior Judge Mhuri on the 19th of May, 2020 in relation to the main application for review filed under reference LC/H/REV/68/19. The parties then sought a postponement to enable the hearing and determination of a prior application for condonation. The parties requested the Senior Judge to grant postponement and proceed to determine the application for condonation on the basis of the record. The Senior Judge... More
This is an application for review of the disciplinary proceedings convened by the Respondent against the Applicant.Theapplicant was employed by Respondent until he was dismissed from employment with effect from 16th of October, 2019 which was the date of suspension.
[2] The events leading to his dismissal can be summarised as follows;
The Applicant was employed as a Shelf-Packer. On the 12th of October 2019 whilst on duty at ChoppiesRuwa the Applicant was allegedly caught red-handed by an undercoversecurity guard drinking a Castle Lite in the warehouse belonging to Respondent. According to Respondent a further six more empty beer bottles... More
On the 25th October 2017 at Chinhoyi, 2nd Respondent in his capacity as an Arbitrator issued an award. He ordered 1st Respondent (employer) to pay Applicant (employee) various amounts in respect of damages in lieu of reinstatement. The employee then filed an appeal and application for review with this court. The employer opposed the application and filed a counter-application for review, together with an appeal. All the matters were set down for hearing before us. At the onset of oral arguments, the parties agreed that the applications for review be dealt with first. More
This is an application by a designated agent, for the confirmation of the agent’s ruling. The agent ruled in favour of the employee in a dispute over termination of contract of employment. More
This is an application in terms of Section 93 (5a) and (5b) of the Labour Act [Chapter 28:01] as amended for the confirmation of a draft ruling issued by the applicant in the matter between SHAKENATE CHARI and EMPIRE COLLEGE. The matter involved non-payment of terminal benefits and underpayment of wages, wherein Shakenate Chari (2nd respondent) was claiming of a total of $34 363,99 broken-down as follows:-
- underpayment of wages $484 x 5 yrs = $29 040.00
- leave days 40.33 x 5 years = 2 419.00
- gratuity 10% = 2 904,00
TOTAL = $34 363.99 More
This is an application for condonation of late noting of an application for review of the Respondent to retire the applicant at the age of 60 years instead of the age of 65 years provided in the contract of employment. More
By an order dated 8 March 2018, and with the consent of the parties, this Court referred to the Constitutional Court in terms of s 175(4) of the Constitution, what it perceived to be a constitutional question arising in the appeal. By its order dated 27 June 2018, the Constitutional Court in turn struck the referral off its roll, with an appropriate order of costs. It was the view of the Constitutional Court that the appeal did not raise any constitutional matter, and in particular, that an interpretation of s 72 of the Constitution, which had been part of the... More
