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
This is an application for leave to appeal to the Supreme Court in terms of section 92 F of the Labour Act, (Chapter 28:01).At the commencement of the hearing, Mr. Mudzuri raised a preliminary point to the effect that the deponent to Applicant’s Founding Affidavit did not have authority to do so. He stated that council business is conducted through resolutions and in the present matter, there was no evidence that Applicant has issued such resolution delegating its powers to the deponent to ‘speak’ on its behalf. He relied on the Opposing Affidavit filed of record. 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
This is an application brought by the applicant, Chipo Maruku, seeking the rescission of a default judgment granted in favour of the first respondents Katt Construction (Pvt). The judgment pertains to a stand in Stoneridge, Harare, where the applicant claims an interest derived from her ex-husband, Caven Gunha, through the alleged cession of his rights to the property following their separation. 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 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
