This matter was set down as an appeal against the guilty verdict and dismissal penalty which was meted out on appellant employee following a labour dispute pitting him and the respondent employer.
On the hearing date the appellant abandoned the appeal ground dealing with the guilty verdict but proceeded to address the court on the dismissal penalty. This judgment therefore addresses the penalty issue only. It is the appellant’s contention that dismissal was a drastic remedy in his case. He maintains that since the PSC regulations underscore the need for punishment to be corrective first it is his considered view... More
This is an appeal against part of the judgment of the Labour Court sitting at Harare dated 8 February 2019. The courta quoupheld the first and second respondent’s (‘the respondents’) appeal and dismissed allegations of misconduct made by the appellant against them. The courta quo further set aside the penalty of a reprimand and ordered that the respondents should be paid theirfull salary and benefits from the date when they were suspended from employment. More
This matter was placed before me as an urgent chamber application having been filed on the 23rd of February 2021. Upon receipt I gave directions for the filing of notices of opposition and opposing affidavits as well as heads of argument. The second respondent did not file a notice of opposition and as a result the court took it that he will abide by the decision rendered. The applicants through the urgent chamber application seek an interdict and on the return date a review. Ordinarily an application for review should be filed separately but given the prevailing COVID lockdown and... More
It is common cause that all the applicants imported motor vehicles from outside the country using motor vehicle licences or permits that were issued by the third respondent’s ministry, the Ministry of Industry and Commerce. The third respondent is the Minister of Industry and Commerce. The applicants all paid import duty and the motor vehicles were delivered into the country through Beitbridge Border Post. At the instance of the first respondent, the motor vehicles were delivered to different bonded warehouses or transit sheds for storage. That is where the applicants were supposed to collect them from. However, when the applicants... More
The basis of the charge was that the employees under the national employment council grade had convened a meeting without following the company procedures for holding such a meeting. The appellant was alleged to have approached physically and by telephone some employees and called them to attend the meeting. He threatened some of the employees that if they did not attend they will be labeled as sellouts. He is a managerial employee and he attended and even addressed the meeting on his personal issues. The appellant was initially charged not as a manager to which he successfully objected hence the... More
MWAYERA J: The appellants were arraigned before the Magistrate court on a charge of attempted Robbery as defined in s. 189 (1) (a) or (b) as read with section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:25]. It is alleged that on 28 November 2020 around 2350 hours the appellants or one or more of them approached the complainant whilst armed with machetes and catapults. They demanded for gold ore. They dragged the complainant to a mine shaft threatening him to disclose where the gold ore was. The complainant did not give in but screamed for help... More
Applicants own properties concerning which first respondent sought their inclusion in the Estate of Late Solomon Ruzambu Tapfumanei Mujuru (the Estate) on the basis that applicants were the deceased’s alter egos. In response, applicants filed this application seeking joinder in HC 2370/2020 on the grounds that as registered owners of the properties in question, they had an interest to protect regarding those properties. More
