This is an appeal against the decision of the respondent employer’s disciplinary committee which found appellant employee guilty of misconduct and penalised her with dismissal. More
This is an application for leave to appeal to the Supreme Court. The law on leave to appeal is settled. See CMED v Dombodzvuku SC 31-12.. A reading of the grounds of the intended appeal shows that applicants seeks to impugn the findings of fact by the court aquo that there was nothing remiss of the disciplinary committees conclusion that the employee was guilty since she favoured the committee with conflicting medical certificates on the same issue thus casting aspersions on the authenticity of same. More
On 28 August 2020, the plaintiffs issued summons against the first defendant. The action arose out of an alleged breach of an agreement of sale of immovable property and mortgage facilities concluded between each of the plaintiffs and the first defendant. More
This is an application for confirmation of a draft ruling in terms of section 93 of the Labour Act, (Chapter 28:01). The common cause facts are that the First Respondent was employed by the Second Respondent as a project manager for Mashonaland Province. Parties signed a contract to this effect which was supposed to expire in December 2019. Second Respondent later assigned other duties to First Respondent in Muzarabani. A contract to this effect was signed which was supposed to expire in April 2020. At the expiration of the latter contract no communication was made between the parties in written.... More
The respondent was employed by the appellant as the resident fitter and turner at its depot in Lions Den, Mashonaland West. His duty was to carry out repair and maintenance works on the plant. The works included welding and general plant safety. On 28 August 2018, one Isaac Pini (Pini), a contract general hand, was welding a grain duct in a silo tower which was used to convey soya beans. Whilst he was carrying out the assignment an explosion occurred which resulted in the death of six employees, serious injuries to two others and extensive damage to the silo tower. More
Compared to the epic blood-and-thunder-legal duels daily fought in our courts, an opposed application for the postponement of a matter ordinarily becomes but a tepid scuffle. For that reason, courts will not normally dwell on such simple requests beyond the immediate need to furnish brief reasons for grant or refusal thereof. I will however, for reasons stated hereunder, linger slightly before disposing of the application for postponement of the trial cause now before me. More
This urgent chamber application was set down and heard on 23 August 2022. I reserved judgment to 5 September 2022 and pronounced my reasons for the decision to the parties in chambers. I have now been requested to furnish full reasons for the purposes of an appeal. These are they:
The application is premised on the following as per applicant’s founding affidavit.
The applicant is a body corporate bound by a Constitution. The first, fourth, fifth, sixth and seventh respondents are legal entities. The second respondent is the Minister of Local Government, Public Works and National Housing in his official... More
