This is an application in terms of Article 34(2) (b)(ii) of the Arbitration Act [Chapter 7:15] [the Act] for the setting aside of part of the arbitral award handed down by the 2nd Respondent (Justice N.T. Mtshiya (Rtd)) on 27 May 2022. The application is founded on the allegation that the arbitral award conflicts with Zimbabwe’s public policy. More
Mr. Mafongoya submitted that the appropriate penalty in the matter was not dismissal. He referred to section 65 of the Constitution of Zimbabwe which provides for citizens being accorded the right to fair labour practices. He also referred to the ZIMRA Code of Conduct particularly Clauses 6.2, 6.3, 6.4 with the latter providing that training and education should be the paramount features of any punishment and any punitive penalty should be adopted as a last resort. He referred to case law which provides that an employer has the discretion to mete a penalty of dismissal where the misconduct in question... More
This is an appeal against the decision of a labour officer acquitting respondent from wrongdoing. The appellant employer was aggrieved by that decision. It appealed to this Court. More
On the 11th December 2020 at Harare, Labour Officer L. Nhandara issued a ruling which ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. Appellant then appealed the ruling to this Court. More
This matter was placed before me as an application for the setting aside of an arbitral award in terms of Article 34 (2)(b)(ii) of the Arbitration Act [Chapter 7:15]. The award was rendered by the 2nd respondent on the 8th of June 2023. The applicant contends that the award conflicts with public policy in three main respects. (1) The award is contrary to the terms of the agreement between the parties which is binding on them and that the second respondent attempted to rewrite the contract for the parties, (2) the second respondent failed to consider submissions by the applicant... More
The appellant seeks the vacation of the whole judgment handed down by the Special Court for Income Tax Appeals (the court a quo) that was handed down on 23 December 2020. The court a quo set aside the amended income tax assessments issued to and the penalty imposed against the respondent by the appellant on 30 October 2017 for the 2014 tax year and on 1 November 2017 for the 2015 tax year. More
This is an appeal against the judgment rendered by the Magistrates Court in which an order was made for the appellant to unconditionally release a motor vehicle horse, registration number JTC043MP and two trailers registered under numbers JKX559MP and JKX583MP and to pay costs on a higher scale. More
