The applicant prays for a review of the matter and an order that the penalty conditions imposed by the Commissioner General under REF HQ 10/50/180/2023 be set aside and the motor vehicle a Toyota Fortuner be released unconditionally to him.
The background of the matter is that applicant entered Zimbabwe via the Beitbridge Border Post in a Toyota Fortuner which he alleges was driven by one Simbarashe Ngoshi and which he had been given and authorised to drive by the owner Tongesai Chigwamba. Notably this version of events in its detail is impugned by the respondent through documentation and analysis... More
The Appellant was employed by the Respondent in the position of Housing Allocation Clerk but was working as an Acting Assistant Research Officer in the department of Housing and Community Services. The Respondent convened a disciplinary hearing for the Appellant on the 3rd of August 2020. The Appellant was to answer to two charges, namely (1) contravention clause 10.5 (f) alternatively clause 10.5(t) of part VI of the Collective Bargaining Agreement; Harare Municipal Undertaking (Employment Code of Conduct) Statutory Instrument 13 of 2015, Clause 10.5(f) related to a charge of Fraud which is defined under the relevant code to mean,... More
The matter before me is an application for review under case number LC/H/ 44/25, conjoined with an appeal under case number LC/H/25/25. The two matters were initially filed separately on the IECMS platform, however, they were ultimately consolidated due to their derivation from the same factual circumstances and decision. At the outset of the proceedings, the Court informed the parties that it would first consider the application for review, followed by the appeal. More
This is an appeal against the decision of the respondent appeals officer who confirmed the guilty verdict and dismissal penalty meted out on the appellant employee following allegations of conduct inconsistent with the contract of employment in contravention of Section 4 of the Model Code. Facts of the matter are that appellant who was in the respondent’s employment as a Senior Registrar- Human Resources was accused of having failed to properly authenticate one Rashirai’s certificates and that led to Rashirai being employed by the respondent on the basis of his fake certificates to the detriment of the respondent. Appellant was... More
On 12th April2024 this Court ordered respondent to reinstate applicant or pay himdamages in lieu of reinstatement. The parties failed to agree on the implementation of the order. Then on 11th November 2024 applicant filed the present application for the quantification of his damages in lieu of reinstatement. The respondent opposed the application. More
This is an appeal against the determination made by the Designated Agent (D.A) of the National
Employment Council of the Commercials Sector dated 05 November 2024. The appeal is opposed.
The respondent was employed by the appellant as a general worker under a contract of indefinite
duration. The record shows that the relationship between the respondent and the appellant had become strained, which ultimately prompted the respondent to resign from her position with the appellant. Following her resignation, the respondent lodged a claim of underpayment of wages to the D.A., having identified a disparity in pay between herself and other... More
: This matter was placed before me as a chamber application for reinstatement of a matter deemed abandoned and dismissed. After hearing submissions from the parties’ legal practitioners, the court dismissed the application with costs on a legal practitioner and client scale. The following are the full reasons for my decision. More
