The applicant and the 1st respondent executed a written agreement for the supply, delivery and installation of instrumentation, control and electrical equipment for the Mabvuku Ethanol Storage Tanks Project. The contract price was US$ 2 268 199.90. It was a material term of the agreement that the applicant would defray the 1st respondent’s costs for materials purchased for the project on production of an invoice, valuation report and interim certificate. The parties amended the agreement on two subsequent occasions in order to address the changes in the country’s monetary policy. The main effect of the amendments was to restructure the... More
This is an appeal at the instance of the appellant employer and a cross appeal at the instance of the respondent employee. Both parties are aggrieved by the labour officer’s decision in a labour dispute between them. On the hearing date of the appeal and the cross appeal the employee raised 4 preliminary points. The employer had in turn raised a single preliminary point attacking the record of proceedings but dropped this part when the appeal and the cross appeal were being heard. This left for determination the points in limine at the instance of the employee and the merits... More
The applicant approached this court for a rei vindicatio to recover a motor vehicle that was issued to the respondent as part of his conditions of employment with the applicant. The respondent’s contract of employment was terminated on 31 August 2020, and he was requested to surrender the vehicle. The respondent did not surrender the vehicle despite the request. More
This is an application for leave to continue legal proceedings against the respondent which is a company under corporate rescue. The application is premised upon section 126 (1) of the Insolvency Act (Chapter 06:07). The applicant is the lessor whilst the respondent is the lessee of a property known as Stand 279 and 280 Bulawayo Township, Bulawayo wherein there are buildings commonly known as Suite 102, 1st Floor South Wing, Q. V House, 9th Avenue, Bulawayo. The applicant seeks leave from this court to continue eviction proceedings that it had commenced against the respondent at the Magistrates Court under case... More
Respondent served as applicant`s acting managing director between July 2020 and January 2021. During the period February and December 2021, he was arrested and prosecuted over matters arising in the course of duty. The charge was Criminal Abuse of Duty as a Public Officer in terms of Section 174(1) (b) of the Criminal Law, Codification and Reform Act [Chapter 9:23]. More
It is clear that the parties are locked in dispute as to the extent of coverage of their respective sector or industry. The quoted statutory provision specifically refers such dispute to the Labour Court for determination.Respondent argued in general terms that the Labour Court is prohibited from issuing interdicts. The argument relates to the specific order which the Court may grant. That aspect of the case should be raised in due course when the parties deal with the merits of the case. The main point as appears from Section 46 is that this Court has jurisdiction over the matter. More
Applicant applied to this Court for “determination of extent or description of an undertaking of industry” in terms of Section 46 of the Labour Act Chapter 278:01 hereafter called the Act. Respondent opposed the application. More
