CHIMHAU PRIMARY SCHOOL Appellant And CHIBAISO KANYOKA Respondent

Labour Court · LC/H/442/16 · 07 2016

This is an appeal at the instance of the appellant school against a decision made by the arbitrator in favour of the respondent employee. The background to the matter is that the respondent who was in the appellant’s employ as…

BLESSING BWANYA APPLICANT Versus BINDURA UNIVERSITY OF SCIENCE RESPONDENT EDUCATION

Labour Court · LC/H/441/16 · 07 2016

This is an application for the review of arbitral proceedings conducted by Honourable L Denhere, in terms of which the applicant’s claim that he was unfairly dismissed was held to be without merit. The facts forming the background to this…

KARUME T MARAMBANYIKA APPELLANT Versus H ROBINSON & COMPANY RESPONDENT

Labour Court · LC/H/440/16 · 07 2016

This is an appeal against an arbitral award granted on 7 July 2014, in terms of which the respondent was ordered to pay the appellant certain amounts of money in fulfilment of a retrenchment package approved by the Minister of…

METALLON GOLD ZIMBABWE APPELLANT Versus PATHIAS MATAMBO RESPONDENT

Labour Court · LC/H/439/16 · 07 2016

This is an appeal against an arbitration award. The respondent was employed by the appellant as a Business Planning Manager. He has since been retrenched. While still in the employ of the appellant the respondent raised a complaint of alleged…

PARDON MACHOCHO Applicant And ECONET WIRELESS (PVT) LTD Respondent

Labour Court · LC/H/438/16 · 07 2016

This is an application for leave to appeal to the Supreme Court at the instance of the applicant employee. This application is made pursuant to this court’s judgment of 10 July 2015 where it confirmed the arbitrator’s decision where he…

EAGLE ITALIAN SHOES (PVT) LTD Appellant And STEPHEN MARUMURE Respondent

Labour Court · LC/H/437/16 · 07 2016

This is an appeal against the decision of the National Employment Council Appeals Committee “NEC Appeals Committee”. The facts of the case are common cause. The respondent was employed as a cementer by the appellant. On 8 October 2014 one…

GARIKAI KAMANGA Appellant PRINCE EDWARD SCHOOL DEVELOPMENT Respondent ASSOCIATION

Labour Court · LC/H/436/16 · 07 2016

On 5 June 2015 Arbitrator T Chamisa issued an arbitration award. He ordered respondent to pay appellant a total sum of +US$11 000.00 in respect of back-pay, cash in lieu of leave and damages for loss of employment. Appellant then…

WATTLE COMPANY LTD Applicant And MINISTER OF PUBLIC SERVICE, LABOUR Respondents & SOCIAL SERVICES & 52 OTHERS

Labour Court · LC/H/435/16 · 07 2016

This is an application for the review of a retrenchment package approved by the 1st respondent in favour of the 2nd to the 52nd respondents. The 2nd – 52nd respondents (retrenchees) were retrenched by the applicant in August 2015. Their…

KUDA CHINAKE & 8 ORS APPELLANT Versus DIRECTOR GENERAL (ZIMBABWE PARKS RESPONDENT & WILDLIFE MANAGEMENT, BOTANICAL GARDENS

Labour Court · LC/H/434/16 · 07 2016

This is an appeal against the decision of the arbitrator where he ruled that the appellant employees be paid overtime which was due to them and that the rate to be used for payment of their field duty danger allowance…

AGRIBANK LIMITED APPELLANT And NEWTON MWEHALIRI 1ST RESPONDENT And GODFREY MUNGURUMA 2ND RESPONDENT And FUNGAI TAKAONA 3RD RESPONDENT

Labour Court · LC/H/433/16 · 07 2016

The three respondents were employed by the appellant in different capacities. During the course of their employment, the respondents committed certain acts of misconduct whose details are irrelevant in the resolution of this case. All the respondents were charged albeit…

EAGLE ITALIAN SHOES (PVT) LTD Appellant And FARAI KAMBUDZI Respondent

Labour Court · LC/H/432/16 · 07 2016

On 12 December 2014 the appellant dismissed the respondent from employment following disciplinary proceedings. An Internal appeal was unsuccessful. He appealed to the National Employment Council Appeals Committee, ‘the Committee’. The Committee found that the respondent committed a less serious…

CHURCH OF THE PROVINCE OF CENTRAL AFRICA - APPELLANT AND PASCAL MREWA AND 5 OTHERS - RESPONDENT

Labour Court · LC/H/431/2016 · 07 2016

The present matter was placed before me as an appeal against a quantification award handed down on the 19th of January 2015. The main award had been issued on the 11th of July 2014. The Appellant also appealed against the…

MAXWELL SABILIKA (LABOUR OFFICER) APPLICANT Versus ZPC KARIBA FOOTBALL CLUB 1ST RESPONDENT And DAVID PEDIYONI 2ND RESPONDENT And PATRICK DUBBS NHAMO 3RD RESPONDENT

Labour Court · LC/H/430/2016 · 07 2016

Mr Mandevere appeared on behalf of the employer. He submitted that he was raising two preliminary points for determination by the court. The first was that the entity cited in the application and in the hearing is not a legal…

ROBSON MUSEKIWA APPLICANT Versus ZIMPLATES RESPONDENT

Labour Court · LC/H/429/2016 · 07 2016

The basis for the application is that the applicant failed to apply for leave on time because he got to know of the appeal judgment later than the hand down date of the same. He also argues that he has…

ZIMBABWE INSTITUTE OF MANAGEMENT Appellant And NORMAN HADZIRABWI Respondent

Labour Court · LC/H/428/2016 · 07 2016

The respondent was employed by the appellant as corporate services manager on a three year fixed term contract. Such contract was to expire on 1 December 2015 when the respondent was dismissed from employment with effect from 9 January 2014.…

TRUST ME SECURITY Appellant And EVERNICE KAVHU Respondent

Labour Court · LC/H/427/2016 · 07 2016

To borrow from the respondent, it is trite law that before reaching any finding, the court or tribunal must consider all the facts and this must be shown to be done. Unfortunately in the case before me, it is not…

MANNERS MAFUDZE APPELLANT Versus COTTON COMPANY OF ZIMBABWE RESPONDENT

Labour Court · LC/H/426/16 · 07 2016

The appellant was employed by the respondent as the Acting Area Manager at Karoi Depot. It was alleged that the appellant had, during the course of his duties, overstated the figures of seed cotton which had been bought at his…

RICHARD ZENGEYA APPELLANT Versus TOBACCO RESEARCH BOARD RESPONDENT

Labour Court · LC/H/425/16 · 07 2016

This is an appeal against the determination of the respondent’s General Manager which confirmed the finding of gross negligence and a penalty of dismissal against the appellant. The appellant was employed by the respondent as a driver for twenty-five years.…

UMP ZVATAIDA RURAL DISTRICT COUNCIL Applicant And TSIGAI MUTEGUDE Respondent

Labour Court · LC/H/424/16 · 07 2016

The background to the matter is that the respondent employee filed his appeal with the Labour Court on 3 August 2015. The appeal was set down to be heard on 16 February 2016. Applicant employer defaulted on that day and…

TAIPA ZENGWE 1st Appellant ODIUS MANDARAHWE 2nd Appellant FREEMAN MUTSWAKATIRA 3rd Appellant And FINMARK HOLDINGS (PRIVATE) LIMITED Respondent

Labour Court · LC/H/423/2016 · 07 2016

“1. The Honourable Arbitrator seriously misdirected himself on the facts by finding that the Appellants failed to discharge the onus on them to prove on a balance of probabilities, the existence of a contractual obligation of the Respondent to assist…