At the onset of oral argument in this Court, respondent raised three (3) points in limine which appellant opposed. The points shall be dealt with ad seriatim. More
This is an application for rescission of a default judgment entered against the applicant on 22nd May 2023. It is opposed. The background of the matter is that the applicant is a former employee of the respondent. The applicant alleged that the respondent did not pay her terminal benefits when the parties parted ways .The matter was taken to a designated agent
.The designated agent dismissed the applicant’s claim. The applicant then approached this Court on review and the matter was struck off the roll for non- compliance with the Rules . She then made an application for reinstatement of... More
This is an appeal against the decision of the respondent employer’s General Manager where he upheld the guilty verdict and dismissal penalty meted out on appellant employee following allegations of disobedience to a lawful order, fraud and conduct inconsistent with his employment in breach of the respondents’ code of conduct. More
The applicant seeks a declarator by this court that the 1st respondent’s taxed bill of legal fees in the tune of US$14 714.25 is unprocedural, unlawful and null and void and that it should therefore be set aside. The application was filed on the 23rd of April 2024 when the applicant was represented by Messrs Mehluli Ndlovu and Partners. The notice of taxation was for the 8th of May 2019 while the taxed bill was stamped on the 9th of May 2019 by the 2nd respondent. It is common cause that the 1st respondent’s fee note is dated the 17th... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for by Section 92D of the Labour Act Chapter 28:01 as read with Rule 19 of the Labour Court Rules S.I. 150 of 2017. Respondent opposed the appeal. More
Appellant employee filed an appeal against his dismissal from employment by the respondent employer following allegations of misconduct. The employer is opposed to the grant of appellate relief as it is its view that appellant does not have a good case on appeal. When parties appeared before the court the employer took the point that the appeal grounds 1 to 6 were review grounds as they sought to interrogate the process leading to the guilty verdict and dismissal penalty so these should have been brought up in an application for review as opposed to an appeal. In reaction to the... More
Respondent applied for condonation of belated filing of its response. It stated that the response was due on the 21st September 2023 but was filed one (1) day later on 22nd September 2023. The delay was caused by the fact that the respondent is based in Bindura whilst the Court is situate in Harare. No prejudice has been alleged or shown by appellant. All necessary papers now being available respondent argued that it was in the interests of justice that condonation be granted and the matter be determined on its merits. More
