At all material times the applicant and the respondent were both into mining. The litigation between them concerned granite mining at two locations in Mashonaland West Province, sitting on 40 hectares of land. More
This is an appeal against the decision of the arbitrator who found that the respondent employees had a legitimate expectation of being re-engaged when their fixed term contracts effluxed by passage of time. The matter has taken almost a decade to be resolved which is surely regrettable and a travesty of justice in the court’s view. More
On 13 July 2023 Applicant filed a Court Application for Review in terms of Rule 62 of SI 202/2021. The Grounds of Review centered on the fourth Respondent’s decision to grant the consent to sell stand 14410/5 Kuwadzana Township Harare, a property belonging to the late Socrates Zimunhu’s Estates. In her Founding Affidavit, Applicant stated that she was customarily married to the deceased sometime in 1994. Three children were born out of the marriage. In 2003 she divorced the deceased in the Magistrates Court under case number MC 243/03. She was awarded 40% of the value of the matrimonial home,... More
“The court may on good cause shown, condone any non-compliance with the rules. The circumstances or cause must be such that a valid and justifiable reason exists why compliance did not occur and why non-compliance can be condoned.” (my own underlining)
I deliberately underlined the words “good cause shown”. The reason is simple. There is no good cause. If by any means it exists, it is not shown in this matter. More
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
