This is an application in terms of Rule 22. The respondent failed to file its notice of response within the prescribed time. The brief History of the matter is outlined below: On 12 October 2015 the matter was referred before me in terms of rule 22 of the Labour Court rules. The respondent had been served with an application for review and an appeal. The appeal and the application for review had been duly served on the respondent on 9 June 2015. Certificates of service were filed as of record to prove such service.

Labour Court · LC/H/525/16 · 09 2016

This is an application in terms of Rule 22. The respondent failed to file its notice of response within the prescribed time. The brief History of the matter is outlined below: On 12 October 2015 the matter was referred before…

The respondent in this case was employed as a human resources manager by the appellant. He was charged with the offence of falsifying employment records of one Robert Mallet by drawing up an employment contract for the said Robert Mallet without using his actual name but using an alias, Robert Matenda. The employer argued that the respondent’s intention was to conceal the identity of the employee in question who was the then Chief Executive Officer’s son.

Labour Court · LC/H/524/16 · 09 2016

The respondent in this case was employed as a human resources manager by the appellant. He was charged with the offence of falsifying employment records of one Robert Mallet by drawing up an employment contract for the said Robert Mallet…

C CHIKOWORE & 7 OTHERS Appellant And UNIVERSITY OF ZIMBABWE Respondent

Labour Court · LC/H/523/16 · 09 2016

The appellants are employed as drivers by the respondent. They had a dispute with the respondent over alleged non payment of overtime. The dispute was referred to an arbitrator who dismissed the claim by the appellants. The appellants noted this…

KENNETH NANITENGA & 8 OTHERS Applicants And ROCK CHEMICAL FILLERS (PVT) LTD Respondent

Labour Court · LC/H/522/16 · 09 2016

In this case, the applicants are seeking condonation and extension of time within which to note an application for leave to appeal to the Supreme Court against a decision of the Labour Court. The Labour Act [Chapter 28:01] (the act)…

ZIMBABWE REVENUE AUTHORITY APPELLANT And NEVILLE MANYEMWE RESPONDENT

Labour Court · LC/H/521/2016 · 09 2016

This is an appeal against an order by an arbitrator. The arbitrator ordered that the respondent be reinstated without loss of salary and benefits. The background to the case is largely common cause. The respondent was employed as a revenue…

FREDA REBECCA GOLD MINE APPELLANT Versus V NYONI & 35 OTHERS RESPONDENTS

Labour Court · LC/H/520/2016 · 09 2016

The background is that the respondents were employed by the appellant. A dispute arose between the parties. The dispute was that the employer sought to introduce new contracts of employment to supersede the contracts it had with the respondents. The…

MARY TAKAVARASHA Applicant And THE SECRETARY MINISTRY OF FINANCE & Respondent ECONOMIC DEVELOPMENT

Labour Court · LC/H/519/2016 · 09 2016

The matter was reserved to enable me to consider whether the respondent who had failed to file a notice of response in terms of the Labour Court rules, 2006, had shown good cause for his failure to file a response.…

MUNICIPALITY OF MARONDERA Appellant And ANYWAY TAFIREI & 11 OTHERS Respondents

Labour Court · LC/H/518/2016 · 09 2016

The respondents were employed on fixed term contracts which were not renewed when the contracts expired. They claimed unfair dismissal and argued that they had satisfied the requirements set out in terms of Section 12B (3) (b) of the Labour…

DOVES FUNERAL SERVICES (PVT) LTD Appellant And WEBSTER MUSARURWA Respondent

Labour Court · LC/H/517/2016 · 09 2016

This is an appeal against the decision of the Appeals Committee of the National Employment Council for the Commercial Sector which found the respondent not guilty of the allegations of misconduct that he was facing. The facts are largely not…

HINGE ENTERPRISES (PVT) LTD Applicant And HAPPINESS SAMURIWO Respondent

Labour Court · LC/H/516/16 · 09 2016

This is an application in terms of section 89 (2) (c) of the Labour Act [Chapter 28:01]. The application prays for the variation of an award by an arbitrator. The facts of the matter are that the respondent was employed…

CITY OF HARARE APPELLANT Versus CLEVER THOMFORD THOM RESPONDENT & 5 OTHERS

Labour Court · LC/H/515/2016 · 09 2016

1. The honourable arbitrator misdirected himself at law by applying the labour (amendment) act number 5, 2015 to the matter, yet the Labour Amendment Act was not in operation when the cause of action arose. 2. The honourable arbitrator erred…

FORBES MASAWI Appellant And SCOTIA HOLDINGS Respondent

Labour Court · LC/H/514/2016 · 09 2016

This is an appeal against an arbitral award. The appellant was initially employed by the respondent as a general hand in October 2001. He was then transferred to respondent’s Pomona Service Station where he worked as a forecourt attendant until…

KUWADZANA SECONDARY SCHOOL Appellant And LANGTON MUVEMBI 1st Respondent And OLIVIA CHIMHENO 2nd Respondent And GETRUDE BENJAMIN 3rd Respondent

Labour Court · LC/H/513/2016 · 09 2016

The three respondents were employed by the appellant at various times and in various capacities. The first respondent was employed as a security guard in May 2011. The second respondent served as a receptionist/clerk with effect from June 2013 whilst…

CONFEDERATION OF ZIMBABWE INDUSTRIES Appellant And RITA MARQUE MBATHA 1st Respondent And FARAI BWATIKONA ZIZHOU 2nd Respondent

Labour Court · LC/H/512/2016 · 09 2016

This matter has a chequered history. It clearly depicts the fact that the wheels of justice move at a painfully slow speed. It has been pending since 2003. The matter has been afflicted by various applications, correspondence flying between the…

PANGANAI CHIOTA Appellant And PETROZIMLINE (PVT) LTD Respondent

Labour Court · LC/H/511/2016 · 09 2016

Appellant was employed by the respondent as a controller. It was alleged that the appellant had negligently performed his duties and charges of misconduct were brought against him. He was brought before a Disciplinary Committee which found him guilty and…

ISAAC V CHAKADONHA APPELLANT Versus THE SECRETARY FOR HOME AFFAIRS 1st RESPONDENT And PUBLIC SERVICE COMMISSION 2nd RESPONDENT

Labour Court · LC/H/510/2016 · 09 2016

ISAAC V CHAKADONHA APPELLANT Versus THE SECRETARY FOR HOME AFFAIRS 1st RESPONDENT And PUBLIC SERVICE COMMISSION 2nd RESPONDENT

MUSUNGA & ASSOCIATES APPPELLANT And PHANUEL KUCHEKENYA RESPONDENT

Labour Court · LC/H/509/2016 · 09 2016

The facts of the matter are that the respondent went on leave for the whole month of June. His evidence was that he was told by the employer to go on leave and the employer would call him back when…

RUMBIDZAI MALETE 1ST APPLICANT And HOWARD ZAMBUKO 2ND APPLICANT And BENEDICT SHANGIWA 3RD APPLICANT And MONICA MAHENGA (CHIDAWANYIKA) 4TH APPLICANT And MARGARET KWANGWARI 5TH APPLICANT And FLORENCE MATIKA (TSIKWA) 6TH APPLICANT And EDMOND GOMO 7TH APPLICANT And ELISON MAKOTORE 8TH APPLICANT And MITCHELL CHONJA 9TH APPLICANT And LANGTON KADZIMWE 10TH APPLICANT Versus CIVIL AVIATION AUTHORITY OF ZIMBABWE RESPONDENT

Labour Court · LC/H/508/2016 · 09 2016

This is an application for the quantification of arrear salaries and benefits following a judgment by this court in favour of the applicants. The applicants are employees of the respondent. They were appointed to acting capacities for periods beyond the…

JUSTICE CHIMONYO Appellant And UBM P AND L (PRIVATE) LIMITED Respondent

Labour Court · LC/H/507/2016 · 09 2016

- Appellant was in Respondent’s employ as a Trust Plant Manager at the Graniteside Branch. - By a letter dated the 16th of May, 2014 he was suspended pending investigations into gross acts of misconduct. - By a letter dated…

ISHMAEL PARAJE Appellant And RURAL ELECTRIFICATION AGENCY Respondent

Labour Court · LC/H/506/2016 · 09 2016

This is an appeal against the decision of the Appeals Committee issued on 20 April 2015. Appellant was employed by respondent as a messenger based at Bindura. He was suspended from duty following allegations of converting or attempting to convert…