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 Court issued judgment referenced LCH 148/24 on 03 April 2024.Whereas it has come to the Court’s attention that the judgment contained a patent error in its body in the penultimate paragraph on page 4. More
On 22 February 2024 this court dismissed with costs on the ordinary scale an application for review, which application had been filed by Christ Ministries High School against Edwin Chikuni its former employee and Cleopatra Mhariwa the Designated Agent. Upon pronouncement of the decision the court advised the parties that they were free to request for full reasons for the decision if they needed them. The school has through a letter under the hand of its lawyers stamped 19 March 2023 requested for the reasons of the order of 22 February 2024. 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
