This is an appeal following a determination by a designated agent (DA) dismissing the appellant’s claim for constructive dismissal by the respondent.
The appellant was employed by the respondent initially as a demonstrator. He was later elevated to the position of sales representative. The record shows that on 12th December 2022 the respondent made a decision to retrench the appellant More
The applicant approached this Honourable court on an urgent basis seeking the following relief; it is ordered that,
i) First respondents bar and restaurant operating at number 71 Central Avenue, Harare be and is hereby declared an unlawful nuisance infringing on applicant’s rights.
ii) that the first respondents license to operate a bar and restaurant operating at number 71 central avenue issued without following due process be and is hereby declared null and void.
iii) That the second and third respondent be and are hereby directed to revoke the issued license upon the issuance of this order, and lastly.
iv)... More
The employee brought a claim for unlawful termination of employment, unfair treatment upon transfer, victimization, non-payment of termination and underpayments. His claims for unfair treatment upon transfer, victimization, non-payment of overtime, non-payment of terminal benefits and underpayment of wages were dismissed as being without merit. His claim succeeded in relation to unlawful termination. The employee has not cross appealed against the decision of the designated agent. The employer (the appellant) was not happy with the outcome and appealed to this Court. More
This is an application for quantification of damages. The application which has been filed in terms of Rule 14 of the Labour Court Rules, 2017 is filed pursuant to a court order issued in this court under reference LC/H/444/22 on 7th July,2022. In the order the court directed as follows;
“1. The application for review be and is hereby granted.
2. The 2nd Respondent’s Ruling dated 28 January 2022 purporting to convict and dismiss 1st Applicant from employ of the 1st Respondent be and is hereby set aside.
3. The 2nd Respondent’s Ruling dated 28th January 2022 purporting to convict... More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act (Chapter 28:01).
Applicant’s prospective grounds of appeal are couched as follows;
1. The court a quo erred in concluding that the applicant made an admission during the hearing proceedings that the figures were not exact where in actual fact a query was raised disputing the correctness of the minutes.
2. The court a quo erred in making a decision that the evidence was sufficient whereas the evidence which was relied upon was drawn from CCTV which was... More
This is an appeal from the decision of Respondent’s Appeals Committee. Appellant was in the employ of the Respondent. Following Appellant’s submission of documents claiming overtime for work done, investigations were instituted. This related to overtime claimed in the period from 22 February 2023 to 11 march 2023. More
The applicant was charged of acts of misconduct at the workplace. The procedure for the hearing was that there would be a hearing committee and a prosecutor/presenter of the case. At the hearing the prosecutor (who is late) entered into a plea bargain with the applicant’s counsel. Unfortunately the plea bargain was not disclosed to the hearing committee as such. The applicant was heard and he apparently pleaded guilty and was convicted. However the penalty did not follow the plea bargain. The Applicant appealed to the Appeals Committee but did not raise the review issues. It is noted that Codes... More
