KONDE CHATAMBUDZA Applicant Versus CIMAS (PVT) LTD

Labour Court · LC/H/135/19 · 08 2020

This is an appeal against a determination by a Designated agent. The background is that Cimas medical services (Pvt) Limited employed the appellant as a Senior Computer operator grade 8.2. The appellant was stationed at the employer’s head office. He…

GERALD KAMBADZA Applicant Versus LILFORD NHANDARA 1stRespondent ZIMBABWE LEAF TOBACCO COMPANY (PVT) LTD

Labour Court · LC/H/APP/849/18 · 08 2020

This is an application for condonation for late filing of an application for review. Factual Background The applicant who was employed by the 2nd respondent was charged with Habitual and substantial neglect of his duties in terms of section 4…

FARAI SIBANDA Applicant AFRICAN MILLS & MINERALS (PVT) LTD 1st Respondent FAITH MUPANGANI N.O

Labour Court · LC/H/APP/429/19 · 08 2020

This is an application for condonation and for extension of time within which to file an application for reinstatement of case number LC/H/APP/596/18. At the hearing, the respondent raised several preliminary points which included that the application was fatally defective…

FLORANCE MUNAKI Applicant AND C. DAURAMANZI 1stRespondent ST LUDGER PRIMARY SCHOOL

Labour Court · LC/H/REV/90/19 · 08 2020

This is an application for review. The background is that the applicant alleges that she was employed by the 2nd respondent. The applicant’s services were terminated by the 2nd Respondent in December 2014 after the government had indicated that it…

SHEPHERD MASEKA Applicant Versus CHIKOMBA RURAL DISTRICT COUNCIL Respondent

Labour Court · LC/H/APP/455/19 · 08 2020

On 12 July 2019 this court partially upheld an appeal by the applicant against the Respondent. On 29 July 2019 the applicant filed an application for leave to appeal. His draft notice of appeal to the Supreme Court raises four…

EDMORE VETERAI PETER HARUZIVISHE LOICE SANJOBO ELIAS NYATOWO KAWRENCE MAZANHI versus ELISHA TAMIREPI WINSTON MUNYARADZI MAFA BERNADETTE CHIPEMBERE LEVISON MABASA

Masvingo High Court · HMA 40-20 · 08 2020

The phrase “the Magistrates’ Court is a creature of statute”has almost become a cliché in discourse on the hierarchy and jurisdiction of courts. The same holds true for the expression “the powers of the Magistrates Court are located within the…

GAILLAH MUROYI v THE STATE

Supreme Court · SC 111-20 · 08 2020

This is an appeal in terms of Rule 67 (1) of the Supreme Court Rules 2018 against the dismissal of the appellant’s bail application by the High Court.

THUTHUKA MATOBO MINING CO-OP LIMITED Versus TEDDY GUMBI And MICHEAL CHRISTOPHER STONE And AKENAKA MINERAL SOLUTIONS (PVT) LTD

Bulawayo High Court · HB164-20 · 08 2020

On 12 May 2020, the applicant filed this court application seeking an order to set aside a consent order granted on 12 February 2020. It prayed that the consent order handed down at Bulawayo on the 12 February 2020 under…

THE STATE Versus NKOSILATHI MOYO

Bulawayo High Court · HB 161-20 · 08 2020

The accused Mr Nkosilathi Moyo, is indicted before us for the murder of the deceased person. He was arraigned on 28 July 2020 on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform]…

REGIMENT MURIRA 1ST APPELLANT EDGAR KUTSAWA 2ND APPELLANT And UNILEVER ZIMBABWE (PRIVATE) LIMITED RESPONDENT 1STAPPELLANT - IN PERSON 2ND APPELLANT - IN PERSON FOR RESPONDENT - MR D. MATAWU

Labour Court · LC/H/188/19 · 07 2020

This is an appeal against the decision of MS MAGANI N.O handed down on 27 August 2019. A brief background of the matter is pertinent. Appellants were employed by the respondent. Following the purported termination of their employment contracts on…

WISDOM MUTEMA 1ST APPELLANT TICHAONA KAMANURA 2ND APPELLANT TATENDA SAGONDA 3RD APPELLANT JOEL MACHACHA 4TH APPELLANT CHARLES CHIMWAMWA 5TH APPELLANT MUNYARADZI MANWA 6TH APPELLANT JACOB KAZAMBARA 7TH APPELLANT ARNOLD MUMANYI 8TH APPELLANT versus ZIMBAWE CONSOLIDATED DIAMOND COMPANY (PVT) LTD RESPONDENT

Labour Court · LC/H/35/19 · 07 2020

The facts of this matter are largely common cause. They are as follows: All the eight appellants are former employees of the respondent. They were dismissed following disciplinary proceedings. The facts pertaining to the charges and evidence are similar hence…

RONI MASEKESA APPLICANT versus ARM HEYES OPTOMETRIST (PVT) LTD 1STRESPONDENT PRISILLAH MGAZI

Labour Court · LC/H/APP/219/19 · 07 2020

This is an application for condonation of late filing an application for review. In order for an application of this nature to succeed, the application must show: a. the extent of the delay b. a reasonable explanation for the delay.…

JENNIPHER MATEKO N.O. APPLICANT versus ENGINEERING IRON AND STEEL ASSOCIATION OF ZIMBABWE

Labour Court · LC/H/LRA/514/17 · 07 2020

This is an application for confirmation of a draft order made by the applicant. It is being made in terms of section 93 (5a) (a) & (b) of the Labour Act [Chapter 28:07]. The application was granted. The following are…

BEACH CONSULTANCY (PVT) LTD Applicant T/A AVIATION GROUND SERVICE And OBERT MAKONYA

Labour Court · LC/H/APP/480/19 · 07 2020

The application placed before me is for rescission of a consent order granted by this court under reference LC/H/ORD/574/2019 on the 17th of July 2019. The application is opposed. On the date of hearing the Respondent having taken several points…

MUNYARADZI GARA Applicant And VITAL LOGISTICS 1stRespondent And TOBITMUPOTA

Labour Court · LC/H/APP/265/19 · 07 2020

This is a ruling on preliminary points taken before me by the 1st Respondent which points were opposed by the 2nd Respondent. It is however necessary to set out initially the background to the matter. FACTUAL BACKGROUND The 2nd Respondent…

This is an application for review in terms of Section 89(i)(di) and 92 EE(i) of the Labour Act [Cap 28:01] as amended by the Labour(Amendment) Act 5 of 2015 and as also read with rule 20(I) of the Labour Court rules, 2017. IN LIMINE The Applicant through his heads of argument took a point in limine that the Respondents were improperly before the court and were technically barred. It was Applicant contention that in terms of Rule 20(2) of the Labour Court Rules 2017, a Notice of Response to an application for review has to be filed within ten days of the date of receipt of this application. In this case the Respondents having been served with the application for review on the 17th of December, 2019 were required to have filed their response within ten days of that date. The Respondents had however filed their Notice of Response on the 1st of January 2020 clearly out of time.

Labour Court · LC/H/REV/123/19 · 07 2020

This is an application for review in terms of Section 89(i)(di) and 92 EE(i) of the Labour Act [Cap 28:01] as amended by the Labour(Amendment) Act 5 of 2015 and as also read with rule 20(I) of the Labour Court…

LILFORD NHANDARA N.O. Applicant And CITY OF HARARE 1stRespondent And BOOKER MASASI

Labour Court · LC/H/LRA/405/19 · 07 2020

This is an application for Labour Officer Lilford Nhandara that was made on 1st November 2019. In his ruling the Labour Officer ordered the first Respondent to pay the 2nd Respondent (claimant) a total sumof USD883 299-63 arising from damages…

TONGAI SVOSVE versus THE OFFICER COMMANDING POLICE SERVICE (ZRP) MASVINGO and THE COMMISSIONER GENERAL OF POLICE SERVICE (ZRP)

Masvingo High Court · HMA 39-20 · 07 2020

On 15 May 2020 I granted an application for a provisional order temporarily staying the transfer of the applicant (who is a serving member of the Zimbabwe Republic Police) from Chivi Traffic Section to Mkwasine Police station. The confirmation, variation…

LYTTON INVESTMENTS (PRIVATE) LIMITED v STANDARD CHARTERED BANK ZIMBABWE LIMITED

Supreme Court · Gill, Godlonton & Gerrans, · 07 2020

3. The appellant is a company duly incorporated in terms of the laws of Zimbabwe. The respondent is also a company incorporated in terms of the laws of Zimbabwe and is registered as a commercial bank. Sometime in March 2013,…

TICHAONA CHINOSENGWA Versus BHERI MAWERE And GARIKAI NGOMA And MINISTER OF MINES & MINING DEVELOPMENT (N.O) And OFFICER COMMANDING, KWEKWE DISTRICT (N.O)

High Court of Bulawayo · HB 160-50 · 07 2020

This is an urgent application. At the commencement of the hearing I informed the legal practitioners for the parties that I would first hear argument on the preliminary points raised by the 2nd respondent. After hearing argument on the preliminary…