This is a ruling on a point of law raised in a parent dispute whose fuller facts I set out under judgment number HH 93-24. In essence, applicant approached the court on motion seeking an order declaring two agreements of sale of land between itself and first respondent invalid. It also prayed for the refund of purchase price in the sum of US$220,000. This is the extant dispute between the parties More
The respondents were employed in various capacities, occupations, and grades by the appellant. They lodged a dispute for conciliation of alleged underpayment of wages, and non-payment of cash-in-lieu of leave, transport, and housing allowances. The matter was heard in terms of section 93 of the Labour Act [Chapter 28:01] by Mrs. F. Mutambirwa who later referred it to arbitration after the parties failed to reach a consensus. The matter was referred in terms of section 93(5) (c) of the Labour Act. Arbitration had to determine whether or not the respondents were underpaid in wages, to determine the issue of non-payment... More
The applicants approached this court seeking the review of the first respondent’s decision to allocate a piece of communal land in Wada Nhira Village, Chief Neshangwe, Chikomba District of Mashonaland East Province to the third respondent. The application was made in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] (the AJA). More
On 27 January 2025 at Harare, Designated Agent CT Dururu issued a determination which ordered appellant to pay respondent an amount of US$8,143.47 in respect of notice pay, leave pay and damages for loss of employment. Appellant then appealed to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
On 22 January 2025 Applicant applied to this Court for condonation of a belated appeal.
The application is provided for by Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application..
Applicant’s founding affidavit stated that; More
At the onset of oral argument in this Court, the both parties raised points in limine. Appellant’s points mainly attack the validity of the Response filed on behalf of respondent whilst respondent’s points attack the validity of the appeal. The Court is sitting as a result of the appeal filed by appellant. If the appeal is invalid as argued by respondent then all the other points fall away. This is because the Court’s jurisdiction is triggered by the filing of a valid appeal. As a result the Court will consider respondent’s points first. More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
