CLEVER NYANHETE Appellant And NATIONAL OIL INFRASTRUCTURE COMPANY OF ZIMBABWE

Labour Court · LC/H/422/2016 · 07 2016

“It will be contended that the Appeals Committee erred in one or more of the following: 1. The disciplinary committee misdirected itself in hearing and conducting the case leading to the Appellant being dismissed from work. 2. The Appellant clearly…

RIBERIO MUCHENGI APPLICANT Versus KADOMA TEXTILES (PVT) LTD RESPONDENT

Labour Court · LC/H/421/2016 · 07 2016

This is an application for the rescission of a default judgment made in the employer’s favour against the applicant employee. Facts of the matter are that on 7 October 2015 the Labour Court allowed in default the appeal filed the…

MICHAEL KAZINGIZI Appellant And SECRETARY FOR AGRICULTURE, MECHANISATION Respondent & IRRIGATION DEVELOPMENT

Labour Court · LC/H/418/2016 · 07 2016

The facts of this case are not in dispute. Following suspicion that some employees including appellant defrauded respondent through false travel and subsistence claims, investigations were made. The appellant together with other employees involved in the fraudulent activities were charged…

GOKWE NORTH RURAL DISTRICT COUNCIL Appellant And ZIMBABWE RURAL DISTRICT COUNCIL WORKERS UNION Respondent

Labour Court · LC/H/417/16 · 07 2016

This is an appeal against an arbitral award. The respondent is a registered trade union in terms of the Labour Act [Chapter 28:01]. It represents employees in the rural district councils of Zimbabwe. The appellant is a rural district council…

CITY OF HARARE APPELLANT Versus JONAS MAKARICHI & 19 ORS RESPONDENT

Labour Court · LC/H/416/2016 · 07 2016

This matter was set down as an appeal at the appellant council’s instance. On the set down date and in his heads of argument the respondent argued that the matter was improperly before the court for want of its process…

INNSCOR AFRICA LIMITED t/a BAKERS INN MANICALAND versus PASSMORE CHARUMEZANA

Labour Court · LC/MC/16/2016 · 07 2016

This is an appeal at the instance of the appellant employer against a decision of the arbitrator who set aside the respondent employer’s dismissal penalty in a case where the respondent had been found guilty of conduct inconsistent with the…

BENARD WEKARE v THE STATE and THE ATTORNEY GENERAL OF ZIMBABWE and ZIMBABWE BROADCASTING CORPORATION MUSANGANO LODGE (PVT) LTD t/a MUSANGANO LODGE v THE STATE and ZIMBABWE BROADCASTING CORPORATION

Constitutional Court of Zimbabwe · CCZ 9-16 · 07 2016

The two cases were heard together because they raised the same constitutional questions for determination. The cases are about the constitutionality of the provisions of the Broadcasting Services Act [Cap. 12:06] (“the Act”) on funding for the provision of public…

EASTER MZITE (In her capacity as the Executrix Dative of the Estate Late Chemayi Joseph Mtize) v (1)DAMAFALLS INVESTMENTS (PRIVATE) LIMITED (2) THE MASTER OF THE HIGH COURT

Supreme Court · SC 21-2018 · 07 2016

This is an application for condonation and extension of time within which to note an appeal in terms of r 31(3) of the Supreme Court Rules 1964. The applicant is the widow of the late Chemayi Joseph Mtize. She is…

OBEDIAH MAKONI v (1) COMMISSIONER OF PRISONS (2) MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS

Constitutional Court of Zimbabwe · CCZ 8-16 · 07 2016

The applicant in this matter was convicted of the murder of his girlfriend. Because of extenuating circumstances, he was sentenced to life imprisonment. He was aged 19 at the time of his conviction and has been in gaol since 1995…

TOBIAS CHIGUMBURA Appellant And CHAIRMAN OF THE DISCPLINARY COMMITTEE N O Respondents MINISTRY OF AGRICULTURE & OTHERS

Labour Court · LC-H-412-16 · 07 2016

This is an appeal against the decision of the Disciplinary Authority dismissing appellant from employment. Appellant was employed as a Dip Attendant in the Department of Agritex of the Ministry of Agriculture. On 5 November 2014 misconduct charges were preferred…

ZIMBABWE REVENUE AUTHORITY TRADE UNION (ZIMRATU) Appellant And ZIMBABWE REVENUE AUTHORITY

Labour Court · LC-H-411-2016 · 07 2016

This is an appeal against an arbitral award in which the terms of reference were: 1. whether or not the Respondent is unilaterally and clandestinely transferring members of ZIMRATU. 2. whether or not Respondent has a transfer policy in place.…

VANZAI MAJADA Applicant And HEALTH SERVICES BOARD Respondent

Labour Court · LC-H-410-16 · 07 2016

This is an application for review of the proceedings of the Health Services Board Disciplinary Committee. Applicant was a principal tutor at Mpilo Central Hospital. She was charged with acts of misconduct in terms of the Health Service Regulations SI…

VOEDSEL TOBACCO INTERNATIONAL Appellant And WILTON MUTUPIRI Respondent

Labour Court · LC-H-409-16 · 07 2016

This appeal arises out of the award by an arbitrator made in favour of the respondent. The facts of this case are common cause. They are as follows. The appellant engaged respondent on a fixed term contract for the period…

ALOIS MASOCHA Appellant FIDELITY PRINTERS Respondent & REFINERS (PVT) LTD

Labour Court · LC-H-408-16 · 07 2016

Appellant worked for Respondent as a Security Officer. On 30th June 2015 he was dismissed from employment for misconduct. He appealed against the dismissal to Respondent’s Chief Executive Officer (CEO). By letter dated 9th July 2015 the CEO dismissed the…

T M SUPERMARKET APPELLANT Versus S SIRIYA & 8 OTHERS RESPONDENTS

Labour Court · LC-H-406-2016 · 07 2016

This is an appeal against the decision on an arbitrator. The respondents are section managers at one of the appellant’s branches, the Kariba Branch. During the course of their employment the appellants raised complaints which were not resolved to their…

BRITISH AMERICAN TOBACCO ZIMBABWE APPELLANT Versus WILLIAM MUSADOGERA RESPONDENT

Labour Court · LC-H-405-2016 · 07 2016

This is an appeal against the decision of the National Employment Council for the Tobacco Industry Grievance and Disciplinary Committee (NEC GDC) to set aside the penalty of dismissal that had been meted on the respondent by the Works Council…

MAZOWE RURAL DISTRICT COUNCIL & 5 OTHERS Appellant ZIMBABWE DISTRICT COUNCIL WORKERS UNION Respondent

Labour Court · LC-H-378-2016 · 07 2016

Appellants appealed against a number of arbitration awards issued against them at the instance of Respondent. The matters involved essentially the same question. Hence the parties sought and obtained the consolidation of the appeals into one matter. They then filed…

GOROMONZI HIGH SCHOOL - APPELLANT AND GOROMONZI HIGH SCHOOL EMPLOYEES - RESPONDENT

Labour Court · LC/H/420/2016 · 07 2016

The matter was placed before me as an appeal against an arbitral award wherein the Arbitrator had directed that the Appellant pay the Respondents the total amount of US$33 152.60 n underpayments. The Appellant was seeking the setting aside of…

TM SUPERMARKET CHIPINGE – APPELLANT And MOLLEN MUSARARADZA. - RESPONDENT

Labour Court · LC/H/419/2016 · 07 2016

The Respondent was employed by the Appellant as a watchman on the 11th of February 2011. She was engaged on the basis of 3 monthly fixed term contracts which were renewed continuously until the 27th of August 2014. Upon expiry…

FELIX MUPANGWA Appellant And AFRICAN SUN LIMITED Respondent

Labour Court · LC/H/415/16 · 07 2016

The appellant was a supervisor based at Holiday Inn Hotel (the hotel) until 26 February 2015 when he was dismissed following disciplinary proceedings. Following alleged acts of misconduct the appellant was charged in terms of category 5 offence 2 of…