PADDINGTON JAPAJAPA v THE STATE

Supreme Court · SC 41-24 · 02 2024

This is an appeal against part of the judgment of the High Court of Zimbabwe (“the court a quo”), sitting as an appellate court at Harare, dated 9 October 2023. The part appealed against is the dismissal, by the court…

RADISYS ENTERPRISES (PVT) LTD VS NANCY CHIONESO NJOPERA

Labour Court · LC-H-38-24 · 02 2024

The matter was placed before me as an appeal against a draft ruling handed down by Labour Officer Madziya J on the 29th of March 2023. The appeal was as indicated filed on the basis of section 128(1) of the…

WADZANAI ZIMONDI AND SECRETARY, HOME AFFAIRS AND CULTURAL HERITAGE SECRETARY, PUBLIC SERVICE COMMISSION

Labour Court · LC-H-39-24 · 02 2024

This is an application for quantification of damages. This Court, in an Order dated 23 May 2022, determined that Applicant be reinstated into her former position without loss of salary and benefits. Respondents declined to reinstate her. Hence the present…

OJEI VENTURES (PRIVATE) LIMITED and REDEEMED HOUSE OF GOD versus NATIONAL RAILWAYS OF ZIMBABWE

Harare High Court · HH 54-24 · 02 2024

This matter was brought as an urgent chamber application seeking a spoliation order following what applicants alleged was forced eviction from premises known as Stand 14432 Salisbury Township which they were letting from the respondent, the National Railways of Zimbabwe,…

VENGANAI BVUDZIJENA And MINISTER OF PRIMARY AND SECONDARY EDUCATION And JUDGMENT NO. LC/H/35/ 2024 CASE NO LC/H/397/23 APPELLANT 1ST RESPONDENT PUBLIC SERVICE COMMISSION 2ND RESPONDENT

Labour Court · LC-H-35-24 · 02 2024

Panganai constructed a rabbit cage and placed it on a window. Appellant was opposed to this idea .On 7th November 2021 following the two men’s opposed views on the setting up of a rabbit cage an incident took place. Only…

ISRAEL MUBAIWA And PETROZIM LINE PRIVATE LIMITED WP MANDINDE N.O. P. MASVIKENI N.O.

Labour Court · LC-H-36-24 · 02 2024

The applicant was charged of acts of misconduct at the workplace. The procedure for the hearing was that there would be a hearing committee and a prosecutor/presenter of the case. At the hearing the prosecutor (who is late) entered into…

THE STATE versus TG (redacted) and THE STATE versus VICTOR CHIMATYA

Harare High Court · HH 51-24 · 02 2024

The two cases under review, illustrate once again that the tribulation of minimum mandatory sentencing will for a long time to come remain an albatross on the necks of judicial officers. No amount of criticism or demonstration of the inefficacy…

THE STATE Versus NKULULEKO MABHENA

Bulawayo High Court · HB-20-24 · 01 2024

The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. A plea of not guilty was entered although the accused admitted killing the now…

SURFACE WILMER LIMITED Versus WEBSTER ZONGORORO AND 17 OTHERS

Labour Court · LC-H-30-24 · 01 2024

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…

TAPEDZA ZHOU VERSUS MINISTER OF PRIMARY AND SECONDARY 1st RESPONDENT EDUCATION PUBLIC SERVICE COMMISSION 2nd RESPONDENT

Labour Court · LC-H-31-24 · 01 2024

This is an appeal against part of the decision of the respondents disciplinary authority which found appellant teacher guilty of act of misconduct of being absent from duty without excuse and for refusing to invigilate public examinations that were taking…

PHILLIP CHIKUMBU AND TM SUPERMARKETS (PVT) LTD

Labour Court · LC-H-32-24 · 01 2024

The applicant was employed by the respondent as a manager at its Kariba Branch. Sometime in October 2014 he was asked to sign a ‘Company Document and New Buying Policy’ ( the document). He refused to sign the said document…

INNSCOR DISTRIBUTORS VERSUS PETROS TICHAONA

Labour Court · LC-H-34-24 · 01 2024

The employee brought a claim for unlawful termination of employment, unfair treatment upon transfer, victimization, non-payment of termination and underpayments. His claims for unfair treatment upon transfer, victimization, non-payment of overtime, non-payment of terminal benefits and underpayment of wages were…

ALLEN MUDZIMU APPLICANT AND MASHONALAND TOBACCO COMPANY RESPONDENT

Labour Court · LC-207-H-24 · 01 2024

This is a ruling on the preliminary issues raised by the parties. Applicant raised the point that the deponent to the Opposing Affidavit had not shown that he was duly authorised. In response Respondent’s legal practitioner stated that the Deponent…

HERBERT LEARNMORE CHIKIWA v THE STATE

Supreme Court · SC 30-24 · 01 2024

The appellant is a former CID detective in the Zimbabwe Republic Police who was, prior to disengagement, based at Harare Central Police Station. He, along with one of his co-accused, Given Mushore, are serving a term of three years imprisonment…

NATIONAL ENGINEERING WORKERS UNION VERSUS PROGRESSIVE ENGINEERING METAL TRADES AND ALLIED WORKERS UNION, GENERAL ENGINEERING METAL, IRON, STEEL AND ALLIED WORKERS UNION, THE REGISTRAR OF LABOUR, MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

Labour Court · LC-H-21-24 · 01 2024

This is an appeal against the determination of the Registrar of Labour where he allowed the registration of the Progressive Engineering, Metal Trades and Allied Workers Union (PEMTAWU) in the face of opposition by General Engineering, Metal, Iron, Steel and…

FREEMAN MAGWAZA VERSUS ZIMBABWE CONSOLIDATED DIAMOND COMPANY (PVT) LTD

Labour Court · LC-H-22-24 · 01 2024

This is an appeal against the decision of the respondent employer’s internal appeals committee which upheld the appellant employee’s guilty verdict and dismissal penalty following charges of conduct inconsistent with his employment.

FREDA REBECCA GOLD MINE LIMITED Versus EDMORE MAPONDERA AND 60 OTHERS

Labour Court · LC-H-23-24 · 01 2024

This is an appeal against the decision of the arbitrator who ruled that the respondent employees who had refused to sign new USD contracts had not repudiated their contracts and put themselves out of employment. The matter has a long…

THE STATE Versus MTHULISI SIBANDA

Bulawayo High Court · HB-17-24 · 01 2024

The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 to which he pleaded not guilty. The state alleges that on 3 September 2020…

LOSAT CHRIS AND 12 OTHERS Versus REGGIE SARUCHERA 1ST RESPONDENT VISION TASIYANA 2ND RESPONDENT SHAMVA MINING COMPANY (PVT) LTD

Labour Court · LC-H-24-24 · 01 2024

This is an application for condonation for late noting of an application for rescission of judgment. The matter is unopposed to the extent that as at date of set down the respondent did not put its response to the matter.…

SAM TAKAVADA VERSUS HEALTH SERVICE COMMISSION

Labour Court · LC-H-25-24 · 01 2024

This is an appeal against the decision of the respondent employer’s disciplinary authority which found appellant guilty of misconduct at work and dismissed him from employment.