This is an appeal against the decision of the exemptions committee for the National Employment Council for Rural District Councils where the respondent employee was found not guilty of the misconduct complained about by the appellant employer and reinstated to her job without loss of salary and benefits. More
The appellant is the daughter of the late Edith Shope Goto (“the deceased”), who died on 8 May 2021, and is also a beneficiary of the Estate Late Edith Shope Goto (“the estate”). According to the appellant, the deceased donated her sole immovable property, namely Stand 1207, Mabelreign Township, held under deed of transfer number 3031/91 (“the property”) to her. On 22 July 2016, in the presence of Peter Makonza, Haggai Makonza and Rudo Makonza-Goto, the donation was executed by the deceased through a deed of donation. On the same date, the deceased executed a declaration stating that she donated... More
On the 17th July 2023 at Harare Arbitrator G. Masukume issued an award. He ordered appellant (employer) to pay respondent (employee) an amount of US$1,215,328.67 as outstanding salaries and benefits. The employer appealed the award to this Court whereupon the employee filed a counter appeal. The appeals were made in terms of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. More
At the onset of oral argument it was agreed that this Court deals with the appeal and cross- appeal separately. The Court then proceeded to deal with the appeal.
Respondent raised a point in limine to the effect that there was no valid appeal before the Court. Firstly because appellant’s grounds of appeal are based on quantification of salaries and benefits together with damages consequent upon the unlawful dismissal of an employee. Appellant stated that he was not dismissed by respondent. The Labour Court in 2 judgments has affirmed he is still employed by respondent. Therefore the grounds of appeal... More
This is an application for a joinder in terms of Rule 32(12)(b) of the High Court Rule, SI 202/2021.The applicant intends the City of Harare to be joined to the proceedings in case number HC 6412/22. More
The applicant seeks an order compelling the respondent to comply with the determination rendered by a designation agent on the 29th of November 2021. In that determination the respondent was ordered to convene disciplinary proceedings against the applicant within seven days and conclude the same within the period stipulated in SI 175/2012. More
The applicant was allocated Subdivision 8 of Oldham Farm, Chegutu District, Mashonaland West Province, by way of an offer letter dated 6 March 2007. The farm, measuring 1373 hectares, was offered to the applicant under the Land Reform and Resettlement Programme, Model A2 Phase II. Upon acceptance of the offer, the applicant took occupation of the land and commenced agricultural operations. On 7 April 2022, the applicant received a letter from the respondent indicating an intention to withdraw the offer letter. The reason given for this intended withdrawal was “replanning” and the applicant was given seven days to make representations.... More
