The facts are common cause and are briefly that the application was employed by the respondent as a sales consultant. He was charged with acts of misconduct in terms of Section 4 (a) of the Labour (National Employment Code of Conduct) regulations, 2006 (SI 15/06) (National Code). It was alleged that on 29 August 2022 and 1st September 2022 the applicant had allegedly accessed a customer’s call data and shared same with the customer’s husband without getting permission from the customer. It was alleged further that on 29 August 2022, applicant had sent a WhatsApp message in a work group... More
This is an application for condonation for the late filing of an application for review. The application is opposed. At the hearing of the application, a preliminary point was raised by the respondent. The respondent argued that the applicant had failed to comply with the provisions of Rule 11 A (4) of the Labour Court Rules, 2017 (as amended) (the Rules). More
This is an urgent chamber application in which the following order is sought:
“ IT IS HEREBY ORDERED THAT:
1. The first respondent his agents proxies and assignees be and are hereby ordered to restore forthwith to the applicants possession of Garth farm.
2. The first respondent, his agents and assignees be and are hereby ordered to forthwith vacate Garth farm upon being served with this court order.
3. Costs of suit shall be borne by such party or parties who oppose thus application jointly and severally the one paying the others being absolved.” More
This is an appeal against the respondent’s (employer’s) decision to find the appellant guilty of ‘Theft or fraud’. The factors which gave rise to the allegations against the appellant were that illegal panning activities were taking place in and around 9E30 Western Haulage at the employer’s mine. Security details and an overseer miner had detected illegal blasts in the section. An investigating team that was set up found that panning activities had taken place. More
The applicants were arrested and arraigned before the magistrates’ court on three charges of Money Laundering as defined in s 8(3) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] and three counts of Fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. More
The background to the application is that the second respondent in the exercise of prosecution power reposed in it and carried out through the Prosecutor General instituted criminal charges against the applicants and five other accused persons in the Harare Magistrates Court on 16 August 2022. The other six accused were Pius Manamike, Maxmore Njani, Fortunate Molai, Chiedza Danha and Pierpoint Monroix (Pvt) Ltd. They were, under case number HACC 393-399/22, charged on three counts of offending s 8(3) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24]. In very broad terms the accused persons were alleged to... More
This is an urgent application for stay of execution in terms of section 92E (3) of the Labour Act Chapter 28:01 as read with Rule 18 Labour Court Rules 2017. The applicant seeks to have stayed an arbitral determination made by Arbitrator Honourable Gadaga on 5 August 2024. The award ruled that applicant employer pays to its employees who are represented by the respondent workers’ Union a total of USD 787 413 and ZIG 1 771 686 as outstanding salaries and allowances. The grant of stay relief is opposed by the respondent Union. More
