L GANDAZHA APPLICANT Versus ZIMBABWE UNITED PASSENGER RESPONDENT COMPANY LIMITED

Labour Court · LC/H/483/16 · 08 2016

The applicant was employed as an analysis clerk of the respondent. On or about 24 March 2016, the applicant was suspended from duty on allegations of committing gross negligence in terms of the Code of Conduct for the Transport Operating…

SYDNEY MATIBIRI Appellant And FARMWORLD HARDWARE Respondent

Labour Court · LC/H/475/2016 · 08 2016

The appellant was employed by the respondent as a supervisor. The parties mutually terminated the employment contract on 4 November 2014. The agreement was reduced into writing and appellant was paid his terminal benefits in terms of the deed of…

FANUEL MASUNDA Applicant And MINISTRY OF AGRICULTURE MECHANISATION Respondent & IRRIGATION DEPARTMENT

Labour Court · LC/H/474/16 · 08 2016

This matter is an application for reinstatement of an appeal which was struck off the roll by Honourable Justice Makamure on 26 January 2015. The reasons for the order were delivered on 6 February 2015. The reasons given for the…

WATERSHED COLLEGE Applicant And GARIMOTO GARIMOTO Respondent

Labour Court · LC/H/473/16 · 08 2016

This is an application for leave to appeal to the Supreme Court against a judgment handed down on 24 October 2014. The respondent was employed as a general hand by the applicant. He was charged of actual or attempted theft,…

TOKOZILE S ZINONDO APPLICANT Versus CAFCA LIMITED RESPONDENT

Labour Court · LC/H/470/2016 · 08 2016

An application for rescission of judgment is one where the court is called upon to exercise its indulgence for the default, having considered the requirements to be satisfied. The applicant filed an application for leave to appeal to the Supreme…

DOREEN SAGANDIRA And MAKONI RURAL DISTRICT COUNCIL

Labour Court · LC/H/499/2016 · 08 2016

On 17 July 2016 this Court issued an Order pursuant to an application for quantification by the Applicant. The Respondent has requested for reasons for the order. It is my sincere hope that the request has been made in earnest…

NATPHARM Applicant And MUNYARADZI MANDAZA TIGERE Respondent

Labour Court · LC/H/482/2016 · 08 2016

The Respondent was employed by the Appellant as a Human Resources Officer. His office was abolished on the 22nd of July 2013. On 20th September 2013 the Appellant notified Respondent employees of its intention to terminate some of its employees…

MUSAFARE BOSHA APPLICANT TAUYA COACHES SERVICES (PVT) LTD RESPONDENT

Labour Court · LC/H/481/16 · 08 2016

The applicant applied for condonation of late noting of an appeal. The respondent opposed the application. The material facts are as follows: 1. The applicant worked for the respondent as a truck driver. 2. He was charged with misconduct. 3.…

GEODYNAMICS (PVT) LTD APPLICANT ISAAC BAURENI RESPONDENT

Labour Court · LC/H/480/16 · 08 2016

The applicant applied for condonation of late filing of application for the review of two arbitration awards. The respondent opposed the application. I will deal with the matter under the subtitles “Delay” and “Prospects.” Delay The first award is dated…

RAYMOND GURUPIRA APPELLANT MINISTRY OF HOME AFFAIRS RESPONDENT

Labour Court · LC/H/479/16 · 08 2016

At the onset of the appeal hearing the respondent raised a point in limine. It was to the effect that there was no proper respondent cited. The one cited “Ministry of Home Affairs” is a non-entity at law. It is…

JOSEPH KANENGONI Applicant And ELNOUR UNITED ENGINEERING GROUP (PVT) LTD Respondent

Labour Court · LC/H/478/2016 · 08 2016

The Applicant is a Designated Agent with the National Employment Council under the Construction Industry (NEC Construction) duly appointed under the provisions of Section 63 of the Labour Act. The Respondent is a company, duly registered under the laws of…

JOSHUA MUHERA Applicant And INNSCOR AFRICA Respondent

Labour Court · LC/H/477/16 · 08 2016

This is an application for leave to appeal to the Supreme Court. The judgment sought to be appealed against was handed down on the 30th of October,2015. After listening to arguments and upon consideration of the papers in the record…

GLORIA MUNETSI Appellant And DIAGNOSTIC RADIOLOGY CENTRE Respondent

Labour Court · LC/H/472/16 · 08 2016

The appellant in this matter was employed by the respondent. She was charged in terms of the National Code of Conduct SI 15/2006 under section 4 (a) thereof. The charge was “any act or conduct or any omission inconsistent with…

KEITH ROBIN MUNGOSHI APPELLANT Versus SIKIRWAI GANDI RESPONDENT

Labour Court · LC/H/471/16 · 08 2016

This is an appeal against an arbitral award in respect to one Sikirwai Gandi and Milestone Academy (MA). The arbitrator’s terms of reference were to determine whether or not the termination of the respondent’s contract of employment was lawful, the…

TAWURAYI MUSHAYI Applicant And UNIFREIGHT LTD Respondent

Labour Court · LC/H/468/16 · 08 2016

This is an application for review of respondent’s decision. Respondent raised preliminary points in the notice of response, which were later abandoned. Following allegations of misconduct the appellant was charged in terms of the respondent’s code of conduct “the code”.…

OBRIE TOZIVEPI APPELLANT Versus ZIMBABWE REVENUE AUTHORITY RESPONDENT

Labour Court · LC/H/467/16 · 08 2016

The appellant was employed by the respondent as an investigation officer level 8 which is a managerial position. The appellant was on a fixed term contract which expired in July 2014. A new four year contract was entered into commencing…

DICKSON MACHIPANDA APPELLANT Versus ZIMBABWE ELECTRICITY & DISTRIBUTION RESPONDENT

Labour Court · LC/H/466/16 · 08 2016

The applicant was employed as a meter reader stationed at Wyne Street, Harare. He was charged and convicted of corruption as well as disorderly or objectionable behaviour. He was dismissed from employment and noted an appeal to the Appeals Committee.…

IVY MUZOREWA APPLICANT Versus GOLDEN HORSE TRADING COMPANY RESPONDENT t/a FOODKING SUPERMARKET

Labour Court · LC/H/464/16 · 08 2016

This is an application for quantification of back pay and damages in lieu of reinstatement. On 17 June 2015 this court allowed an appeal by the applicant in default of the respondent’s appearance. The court ordered the respondent to reinstate…

LLOYD CHINODAINZVA & ANOTHER Applicants And CHINHOYI MUNICIPALITY Respondent

Labour Court · LC/H/462/2016 · 08 2016

This is an application for reinstatement of a matter which was struck off the roll on 27 May 2015. The precise terms of the order made were “The appeal be and is hereby struck off the roll it being invalid…

SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA versus THE STATE and MAPFUMO FRANCIS (NO)

Harare High Court · HH 135-17 · 08 2016

On the day of hearing this matter, I issued an order in the following terms: “1. The decision of the 2nd Respondent of dismissing the Applicants’ application for recusal in Case No. CRB 12586/15 be and is hereby set aside.…