This appeal seeks the setting aside of the internal appeals officer’s decision and the reinstatement of the appellant with no loss of salary or benefits or alternatively the payment of damages in lieu of reinstatement. More
At the onset of oral argument in this Court, Respondent raised an objection which Applicant opposed. Appellant’s appeal was signed for by D. Chiwara of the National Union For the Plastics, Pharmaceuticals, Fertilizers, Chemicals, Batteries Manufacturing and Allied Industries of Zimbabwe. However Respondent operates in the transport industry. Its employees are represented by the trade union for the transport operator’s industry. On that basis respondent objected to the representation of appellant (its employee) by the plastics and allied industries union. More
The plaintiffs are former employees of the third defendant who either retired, resigned, got retrenched or dismissed or were asked to proceed on leave until they were called back to work. The ex-employees are members of the first defendant, a pension fund in which they participated as employees of the third defendant. The plaintiffs were entitled to some pension benefits from the first defendant on termination of employment. The second defendant is a Board of Trustees, which oversees the operations of the pension fund on behalf of both the plaintiffs and the first defendant. The fourth defendant was sued as... More
Applicant applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01 as read with Rule of the Labour Court Rules, 2017. Respondent opposed the application. More
The applicants allege that they are owners and occupants of the stands identified above. They claim to have bought such stands from one Martin Sibindi and Pilo Kauma or from people who had bought from these two. Martin Sibindi is alleged to have been the owner of the remainder of Lot 12 Tynwald, Harare and he worked with Pilo Kauma in disposing of these. After purchasing the stands, the applicants claim to have taken occupation and developed the stands into the homes which they currently occupy. Martin Sibindi who was slow in effecting developments to the stands was allegedly sued... More
The notice of appeal was served on respondent on 28 April 2023. Per Rule 19(2) of the Labour Court Rules, 2017 a Response was required within 10 (ten) days that is on or by 14 May 2023. The respondent filed its response on 24 May 2023.
Appellant argued that the Response is improperly before Court as it was filed out of time and without seeking condonation by this Court. Respondent replied that the notice of appeal was served without attachments. They only managed to get all the documents from this Court on 3 May 2023. Then they sought assistance to... More
On 17 March 2023 at Harare, Designated Agent, P. Chiyangwa, made a determination. She ordered respondent to pay appellant an amount of ZWL$34,912,50 in respect of outstanding leave pay. Appellant then appealed the determination to this Court in terms of Section 92 D of the Labour Act Chapter 28:01 hereafter called the Act.
Respondent opposed the appeal. More
