This is an appeal against the decision of the appeals hearing officer who upheld the guilty verdict and dismissal penalty meted out on appellant following allegations of willful disobedience to a lawful order in contravention of the respondent employment code of conduct. More
The court on the 6th of September, 2022 handed down an order in the following terms;
1. The Application for confirmation of a draft ruling be and is hereby granted.
2. The draft ruling by Priscilla Mgazi, Labour Officer N.O. handed down on 6th March 2020 is hereby confirmed.
3. The 1st Respondent is directed to pay the 2nd Respondent $6 202.00 within 30 days of the date of this order.
4. Each party to bear its own costs. More
This judgment deals with a point of law that I raised when the matter was referred to me for trial.
[2] With the consent of both counsel I issued a structured order setting out timeframes within which the parties were to file heads of argument dealing with that preliminary point. The matter was then adjourned to 12 November 2024 for argument.
[3] On 5 January 2024 the plaintiff issued summons together with a declaration against the defendants. In relevant part, the summons reads as follows:
“To the Defendants named above;
The following property to be declared tainted and therefore liable... More
This is a chamber application for the upliftment of bar. The application is opposed by the 1st respondent. The applicant seeks an order in the following terms:
“IT IS ORDERED THAT :
a) The automatic bar operating against the applicant in case number HCHC 42/24 be and is hereby uplifted’
b) The appearance to defend, special plea and exception in case number HCHC 41/24 filed on behalf of the applicant be and is hereby deemed to have been properly filed by the applicant from the date of this order.
c) Costs shall be in the cause.” More
The first respondent was employed by the applicant as a Finance Director from the 1st of October 2008. He was later promoted to the position of Managing Director effective the 1st of March 2017. He was appointed the Group Finance Director on the 6th of October 2023 on the condition that he would only attend to assignments pertaining to Pulse Pharmaceuticals (Pvt) Ltd. Sometime in October 2023, a dispute arose between the parties, particularly in that the first respondent had set up a rival company, 5950 (Private) Limited, in the same business as that of the applicant. It was alleged... More
Applicant applied to this Court for condonation of a belated appeal. The application was made in terms of Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application. More
The two cases involve an application for review and an appeal, against the decision of the Second Respondent. The matters were filed separately but had to be joined at the hearing.
I should hasten to make the observation that Applicant/Appellant appealed against the initial decision of the Second Respondent wherein it was contended that Second Respondent lacked jurisdiction to determine the matter in matter. That matter was placed before Honourable Chivizhe
J. What is surprising nis that Applicant/Appellant proceeded to file the present matters before a determination was made by Honourable Chivizhe J. This was tantamount to placing other issues... More
