The Respondent is a Risk and Compliance Manager under the employ of the Appellant. On 11 March 2021 the Respondent spilled tea on his office laptop leading to the machine malfunctioning and it was sent for repairs at the cost of the Appellant. Following upon the report being made the Appellant conducted an investigation and findings were made that Respondent had contravened Clause 3.7 of the ICT Policy which has provisions that prohibit consumption of food and drinks near computers and all ICT hardware. This policy was said to be well known to the Respondent who had committed himself to... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal was made in terms of section 92D of the Labour Act Chapter 28:01.
Respondent opposed the appeal. The grounds of appeal read thus,
1. The Chairperson of the Disciplinary Committee grossly erred and misdirected himself in making a finding that the Appellant was grossly inefficient in the performance of his duties in circumstances where the allegations were not supported by any of the evidence led in oral testimony.
2. The Chairperson of the Disciplinary Committee grossly erred and misdirected himself in shifting the burden of proof... More
On the 16th December 2022 at Harare Designated Agent G. Mudzengi issued a determination. He ordered appellant (employer) to reinstate respondent (employee) or pay her damages for loss of
employment. The employer then appealed the determination to this Court in terms of section 92D of the Labour Act Chapter 28:01. More
This is an appeal against the judgment of the High Court (“the court a quo”) in which an order for a mandamus van spolie was granted in favour of the respondent. This Court does not find merit in this appeal and it must be dismissed. I outline hereunder the reasons for this decision. More
The applicant seeks an order for the eviction of the respondent and all those occupying through her from a certain piece of land situate in Harare known as Stand 17788 of Harare Township of Salisbury, otherwise known as number 17788 Watermeyer Road, Belvedere, Harare (the property).
The applicant is the registered owner of the property as more fully attested to by the Deed of Transfer registered in its name under DT 2882/17. The applicant claims that the respondent is in occupation of the property unlawfully, without its permission. The applicant wants her out of the property. The respondent has not... More
At the onset of oral argument in this Court respondent raised points in limine,
The points are set out in its opposing affidavit thus,
“Point in Limine
a.Defective Notice of Appeal
The Respondent submits that there is no Notice of Appeal before the Honourable court for want of non-compliance (sic) with the Rules of this Court.
The Labour Court Rules, SI 150/2017 clearly stipulates that the Notice of Appeal should be in Form LC 4 and this Form LC 4 is clearly provided for
The Appellant in clear contravention of the Rules of Court, went on to manufacture his own... More
