The plaintiff sued the defendant for breach of contract. In its plea the defendant has raised an objection that the matter ought to be referred for arbitration as per agreement of the parties. That objection has been resisted by the plaintiff who also fights back that the objection was not raised procedurally. More
This is an appeal against the decision of the appeals officer in a labour dispute pitting appellant employee and the respondent employer.
Facts of the matter are that the appellant who was in the respondent’s employ as a driver trainer was brought before a disciplinary committee to answer to charges of gross incompetency or inefficiency in the performance of his work. It was stated that the appellant had not been retested and that militated against him partaking duties that could require him to go to South Africa. Following the disciplinary hearing, he was dismissed from employment. He appealed internally without... More
The respondent is a company registered in terms of the laws of Zimbabwe. The appellant is a male adult who was formerly employed by the respondent as an international truck driver. On 3 August 2021, the appellant was arraigned before a Disciplinary Committee facing misconduct charges of gross negligence as defined in para 2.3.1 of the Employment Code of Conduct for the Transport Operating Industry (‘the Code ‘). The allegations were that between 3 May 2021 and 5 July 2021, while driving on duty, the appellant lost 528 litres of diesel due to gross negligent driving. The appellant failed to... More
This is an application for absolution from the instance made by the defendants at the close of the plaintiff’s case in terms of rule 56(6) of the High Court Rules, 2021. The plaintiff opposed the application More
The relationship between applicant and respondent is one of employer/employee. Following labour disputes, applicant approached the labour court under case No. HCH 381/23 seeking inter alia an order setting aside the decision of the respondent’s disciplinary authority and reinstatement of his employment with full benefits. The matter was removed from the roll to enable applicant to furnish the necessary and relevant documents in terms of R 19(1)(b) and 20(1)(b) of the Labour Court Rules 2017. More
This appeal is against the judgment of the Magistrates Court sitting at Victoria Falls, handed down on 16 May 2024, dismissing an interpleader claim by the appellant. We engaged counsel at the beginning of the appeal hearing regarding what appeared to us to have been a splitting of the appeal. That engagement was because a few days previously, we had dealt with another appeal arising from the same proceedings as this appeal did, albeit by a different appellant. We ultimately decided not to go back to that issue. More
This matter pertains to two matters being case numbers HCH1754/24 and case number HC1978/24 which cases were consolidated under case number HC4083/24. The consolidation was proper as the two cases share common facts whence forth each litigant seeks relief upon. Apparently, the legal issues are so intertwined such that the resolution of one of them likely settles the other.
For clarity the following is the relief sought by each litigant More
