Appellant worked for Respondent as the Packaging Unit Manager based in Harare. He was found guilty of misconduct and was dismissed from employment. He appealed against the dismissal to Respondent’s Appeal Officer who turned down the appeal. Appellant then appealed to this Court. Respondent opposed the appeal.
The grounds of appeal were four-fold. The first ground alleged violation of “audi alteram partem principles”. It was averred that Appellant was convicted of an offence which was not charged. The complaint dealt with matters of procedure as opposed to substantive matters on the merits. I consider that such procedural issues cannot found... More
This is an appeal against the entire judgment of the Labour Court handed down on 14 December 2012 under case number LC/REV/H/86/2011 wherein the appellant’s application for review was dismissed for lack of merit. More
This is a chamber application for an order for condonation of late filing of an application for leave to appeal made in terms of r 35(1) of the Constitutional Court Rules, 2016 (“the Rules”). More
The appellant was formerly employed by the respondent as an operations manager. Together with a colleague, he was charged with contravening s 4(d) of the Labour (National Employment Code of Conduct) Regulations 2006, S.I. 15 /06 (“the National Code of Conduct”). The allegations against the appellant and his colleague were that on divers occasions between January 2006 and October 2006, they had presented to the City Council of Harare fraudulent quotations in respect of a project for the purchase of computers in the absence of council approval. They were also charged with two counts of contravening s 4(f) of the... More
The applicant filed this application in terms of Order 32 Rule 226 of the High Court Rules 1971. I must say that the rule relates to the making of any application of whatever nature. In paragraphs 4 and 10 of her founding affidavit, applicant states that the application seeks to have a document, or an alleged agreement between “the Chikono family” and David Mahewu, be declared null and void in so far as it purports to vest rights of ownerhip of No. 7 Fernspruit Township of Essexvale Estate, Umzingwane District to 1st respondent (David Mahewu). It is in that regard,... More
Appellant appealed to this Court against her dismissal from employment by Respondent. She was charged with seven (7) counts of misconduct. These were violations of Group D – Most serious offences – category 25. She was acquitted of four of the counts but found guilty on 3 of the counts.Her ground of appeals were three- fold as follows,
“1. The Grievances and Disciplinary Committee erred and misdirected itself in finding Appellant guilty of Count 1 of the charges, as the duties she is charged with do not fall into duties assigned either expressly or tacitly.
2. The Grievances and Disciplinary... More
This is an application for a declaratur in which the applicant seeks the following relief:
1. The discharge of the applicant from the Police Service by the 2nd respondent is hereby declared unlawful and wrongful.
2. The 2nd and 3rd respondents are ordered to reinstate the applicant into the Police Service without loss of salary and benefits.
3. The respondents are ordered to pay the costs of suit on a punitive scale.” More
