This is an appeal against the decision of the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe upholding a decision of its Local Joint Committee overturning the respondent’s dismissal of the respondent from its employ following disciplinary proceedings. The respondent had preliminary issues to raise. However , at the commencement of the hearing Mr Muhambi who represented the respondent abandoned the preliminary issues so that the merits of the case could be considered. That was commendable as this expedites finality to litigation. The facts of this matter appear not to... More
On the 12th of October 2023 I granted an order in H5397/21 in the following terms;
1. The point of law raised by the First Defendant be and is hereby dismissed
2. The application for amendment be and is hereby granted.
3. The Plaintiff summons and pleadings be and are hereby amended to read Olympia Farm (Private) Limited.
4. No other amendments are permissible without the leave of the court
5. No order as to costs. More
The applicant alleges that it duly submitted its income tax assessment for the relevant years 2020 to 2022 within the stipulated submission deadlines and settled its dues in full using the legal tender of the country being the Zimbabwe Dollar. A total amount of ZWL 183 392 906.00 was paid. In addition, a further amount of US$180 000.00 was paid in an attempt to reach an amicable settlement to this matter. Despite the applicant’s conviction that it had properly discharged its obligations, the first respondent, on 28 April 2023 issued tax assessments covering the years 2020 to 2022. These assessments... More
Please take note that the order handed down on the 10th of November, 2023 under reference LC/H/ORD/878/23 carries the following errors and omissions;
i. The Applicant was not in default but rather the Respondent was the one who was in default therefore the representative for the Applicant shall be amended from “in default” to “Mr S. Mwandiwanza.” (Legal Practitioner)
ii. The legal practitioner’s name who appeared for the Applicant on 1 November (the date of the hearing) was misspelt as “Mr.S Mwandiwanzira” it is corrected to read as ‘Mr.S.Mwandiwanza’. More
This is an appeal against the respondents’ decision to dismiss the appellant. At the commencement of the hearing Ms Ndoro who appeared on behalf of the appellant indicated that in noting the appeal they relied on S92EE of the Labour Act, Chapter 28:01(the Act). Upon inquiry from the Court why they relied on S92EE of the Act when an appeal was under consideration it was stated that, that stance was adopted because the proceedings were tainted with bias. In addressing the Court both grounds for review and appeal were interchangeably referred to. Indeed paragraph 6 of the Heads of Argument... More
This is an appeal in terms of Rule 19 of the Labour Court Rules, 2017. The appeal was noted as against the determination of the Respondent’s Disciplinary Committee handed down on 14thApril, 2023. More
This is an appeal against part of the judgment of the High Court of Zimbabwe (“the court a quo”), sitting as an appellate court at Harare, dated 9 October 2023. The part appealed against is the dismissal, by the court a quo,of the appellant’s appeal against both conviction and sentence. More
