JAMES MALUSO & ANOTHER Applicants And DELTA BEVERAGES LTD Respondent

Labour Court · LC/H/414/16 · 07 2016

This is an application for consolidation of LC/H/923/15 and LC/H/875/14 the 2 being appeals made against the respondent employer where in one case the employee was dismissed from work and the other was given a final warning following allegations of…

AUTHER RUSERE Applicant And RETAN INVESTMENTS Respondent

Labour Court · LC/H/413/16 · 07 2016

By consent, the disciplinary proceedings held by the respondent on 4 July 2014 be and are hereby set aside. • respondent is to reinstate the applicant with effect from dated of unlawful dismissal without loss of salary and benefits, and…

BIRIIRI PRIMARY SCHOOL SDC vs SARAH DONONO And EVER MUKWENU 2ND RESPONDENT And SUSAN UTETE

Labour Court · LC/MC/15/2016 · 07 2016

This appeal was set down in terms of Rule 19 (3)(a) of the Labour Court Rules, 2006. The appellant, being represented by a legal practitioner had not filed its heads of argument in terms of Rule 19 (1)(a) of the…

GUARDIAN SECURITY SERVICES (PVT) LTD Versus STEPHEN MADORA & 3 OTHERS

Labour Court · LC/MC/14/2016 · 07 2016

The respondents were employed by the appellant as security guards. Following the respondents’ visit to the appellant’s offices in Harare to claim arrear salaries, the respondents were charged with absenteeism and were dismissed. The matter ended up in arbitration and…

TRAVEL HOUSE (PVT) LTD vs JACQUELINE MAWADZA 1st And MERCY HOGO

Labour Court · LC/MC/13/2016 · 07 2016

Most of the facts in this case are common cause though the matter has a long history. For the sake of brevity I will detail the facts as follows. Respondents were previously employed by a company styled Mitchell Cotts Travel…

RIDGEWAY TICHAWONA CHANAKIRA versus GEORGE CHANAKIRA

Harare High Court · HH 327-17 · 07 2016

On 5 July 2016, upon considering the record of proceedings, heads of argument and hearing oral submissions we upheld the appeal and made the following order: “It is ordered that: 1. The appeal be and is hereby upheld. 2. The…

AMOS MAKANI & OTHERS v ARUNDEL SCHOOL & OTHERS

Constitutional Court of Zimbabwe · CCZ 7-16 · 06 2016

The four applicants are the fathers and guardians of their respective minor daughters, all four of whom are pupils at Arundel School, a private girls’ school situated in Harare. The first and second respondents are the Trustees and Headmistress of…

SAMUEL SIPEPA NKOMO v (1) MINISTER OF LOCAL GOVERNMENT, RURAL & URBAN DEVELOPMENT (2) MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS (3) THE GOVERNMENT OF REPUBLIC OF ZIMBABWE

Constitutional Court of Zimbabwe · CCZ 6-16 · 06 2016

By reason of an allegation by the applicant of a breach of his fundamental right enshrined in s 56(1) of the Constitution, this application gained direct access to the Constitutional Court (“the Court”) through the front door, which is s…

MARGARET ZINYEMBA v (1) THE MINISTER OF LANDS AND RURAL RESETTLEMENT (2) YAKUB MOHAMED

Constitutional Court of Zimbabwe · CCZ 3-16 · 06 2016

This is an application in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) alleging that the applicant’s fundamental right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively…

JEREMIAH MARIDE APPELLANT Versus TECHNOSPHERE ENERGY SERVICES RESPONDENT (PVT) LTD

Labour Court · LC-H-404-2016 · 06 2016

This is an appeal against an arbitral award. The appellant was employed by the respondent on monthly fixed term contracts as a rigger for a period spanning two years. The last such contract expired on 31 August 2010. This was…

BERNARD LOT & 18 ORS Applicants And SHANXI CORPORATION Respondent

Labour Court · LC-H-403-16 · 06 2016

This is an application for quantification of damages. The 18 applicants are former employees of the respondent who were all employed as watchmen. They were dismissed on allegations of misconduct. That matter ended up at arbitration and the arbitrator set…

METTALLON GOLD ZIMBABWE (PVT) LTD Appellant And GODFREY FORE Respondent

Labour Court · LC-H-402-16 · 06 2016

This is an appeal against an arbitral award. The respondent was employed by the appellant in the capacity of finance manager with effect from 2004. During the course of employment, some contractual benefits were allegedly not paid from as far…

YOUNG WOMEN CHRISTIAN ASSOCIATION APPLICANT OF ZIMBABWE Versus B GWAGWADZA 1ST RESPONDENT And A DZADZA 2ND RESPONDENT And D CHIGWIDA 3RD RESPONDENT And C CHIWARA 4TH RESPONDENT And J SYDNEY 5TH RESPONDENT And M MUGONA 6TH RESPONDENT And D CHITSUNGE 7TH RESPONDENT And L AGUSHTO 8TH RESPONDENT And M CHOTO 9TH RESPONDENT

Labour Court · LC-H-401-2016 · 06 2016

This is an application for review of a retrenchment package approved by the Minister of Labour and Social Services (“the Minister”) on 24 June 2015. The Minister approved the respondents’ retrenchment as follows:

AUSTIN KUSOKORA APPELLANT Versus MINISTER OF HOME AFFAIRS RESPONDENT

Labour Court · LC-H-400-2016 · 06 2016

The appellant was employed by the respondent from 1985 until September 2014 when he was dismissed from employment. He has approached this Court on appeal against the dismissal.

CARSWELL MEATS (PVT) LTD APPELLANT Versus LOVEMORE MURIMBECHI RESPONDENT

Labour Court · LC-H-3991-2016 · 06 2016

This is an appeal against an arbitral award by Hon T Mlilwana that was handed down on 24 August 2015. The arbitrator handed down the following award: “(i) Backpay $280-00 x 12 months = USD 3 360-00 (ii) Damages $280-00…

TRUST ME SECURITY Appellant And K. KASEMENYA & 14 OTHERS Respondents

Labour Court · LC-H-398-16 · 06 2016

This is an appeal and a review against an arbitral award handed down on 13 February 2013 which quantified terminal benefits in favour of the respondents. The quantification emanated from an earlier award, handed down on 2 March 2012, in…

MADINA FABRICS Appellant PATSON ZIGEDE Respondent

Labour Court · LC-H-397-16 · 06 2016

On 7th July 2015 Arbitrator R.E. Nhiwatiwa issued an arbitration award at Harare. He ordered Appellant to pay Respondent an amount of $3 129.27 as notice pay and terminal benefits arising from the parties’ employment contract which had been terminated.…

KENNETH SINDUMBA Appellant And FARM & CITY CENTRE Respondent

Labour Court · LC-H-396-16 · 06 2016

This is an appeal against the decision of the National Employment Council for the Commercial Sectors Appeals Body (NECCS). It confirmed the Local Joint Committee (LJC) decision where it upheld the guilty verdict for appellant and confirmed his dismissal penalty.…

FBM HAULAGE (PVT) LTD Appellant And MORGEN KARIMADONDO Respondent

Labour Court · LC-H-395-16 · 06 2016

This is an appeal against an arbitral award. The respondent was employed by the appellant since 2004 as a general hand/day guard until May 2014 when he resigned. On 5 January 2015, the respondent lodged a complaint of underpayment of…

ISRAEL NYARUWATA Appellant And CROCO HOLDINGS (PVT) LTD Respondent

Labour Court · LC-H-394-16 · 06 2016

At the conclusion of the oral submissions, this court dismissed the appeal stating that the reasons would follow. The following are the reasons.