THE STATE versus TENDAI TOGARA

Harare High Court · HH 13-17 · 03 2016

The accused charged with the crime of murder is defined in section 47 of the Criminal Law (Codification & Reform Act) [Chapter 9:23].

PITHIUS SHOKO Appellant And ZIMBABWE REVENUE AUTHORITY (ZIMRA) Respondent

Labour Court · LC-H-191-16 · 03 2016

This is an appeal against the decision of an Arbitrator sitting at Harare. The grounds of appeal are as follows: 1. “The Honourable Arbitrator erred and grossly misdirected himself when he ruled that the application by Claimant was out of…

MARTHA NCUBE Appellant And MASVINGO RURAL DISTRICT COUNCIL Respondent

Labour Court · LC-H-190-16 · 03 2016

Most of the fact in this case appear common cause. They are as follows. The appellant was employed as a clerk by the respondent council. She was responsible for receipting and banking funds on behalf of the respondent. In March…

TAPFUMANEYI MATSINDE APPELLANT Versus PETROTRADE (PVT) LTD RESPONDENT

Labour Court · LC-H-189-2016 · 03 2016

This is an appeal against an award by an arbitrator. After hearing the matter the Learned Arbitrator confirmed the appellant’s dismissal from the respondent’s employ. Aggrieved by that award the appellant appeals to this court on the following grounds: “1.…

BARCLAYS BANK OF ZIMBABWE APPELLANT Versus PERPETUA NYAMAYARO RESPONDENT

Labour Court · LC-H-188-2016 · 03 2016

The respondent was dismissed from the appellant’s employ following disciplinary proceedings. On appeal to the G & DC Appeals Committee, the respondent was successful. The G & DC altered the severity of the charge. It alsoreversed the dismissal penalty to…

DOUGLAS NYANDORO - APPELLANT AND MBADA DIAMONDS (PVT) LTD. - RESPONDENT

Labour Court · LC-H-185-16 · 03 2016

This is an appeal against a determination by the Appeals Authority handed down on 11th June 2014 which determination upheld or earlier decision by the respondent’s Disciplinary Committee to dismiss the appellant from employment with effect from the 11th of…

LOBELS BISCUITS (PVT) LTD. - APPELLANT AND NICOLETTE SAMMY - RESPONDENT

Labour Court · LC-H-184-16 · 03 2016

The respondent was employed by the appellant as a Debtors Clerk. Her duties included amongst others, the collection of payments from debtors. During the year 2012 appellant suspended respondent on allegations of misconduct. She was subsequently arraigned before a disciplinary…

NYATSIME COLLEGE - APPELLANT AND LAWISON GUNYUKA - RESPONDEN

Labour Court · LC-H-187-2016 · 03 2016

This is an appeal against a decision of NEC Appeals Committee for the Welfare and Education Institution (NEC Appeals Committee) handed down on the28th October, 2014. The Appellant is a duly registered private learning institution governed by the Collective Bargaining…

DOMINION MARKETING APPELLANT Versus TICHAONA MUSHAWEMBIRI RESPONDENT

Labour Court · LC-H-182-2016 · 03 2016

The respondent was employed by the appellant as a machine operator from 19 January 2009 to 28 February 2013, when he was suspended from employment.

NMB BANK LIMITED APPELLANT Versus PHILLIS MASANGA RESPONDENT

Labour Court · LC-H-181-2016 · 03 2016

This is an appeal against a determination of the National Employment Council (“NEC”) Appeals Board for the Banking Undertaking. The respondent is a former employee of the appellant. She was employed as a bank teller, when, on 26 March 2010,…

GODWIN MADZIVA Applicant And INNSCOR AFRICA BREAD COMPANY ZIMBABWE (PRIVATE) LIMITED Respondent

Labour Court · LC-H-180-2016 · 03 2016

This is an application for review by Madziva (Applicant). The document that gave rise to this application is a response (THE RESPONSE) dated 13th February, 2014 by the Respondent’s human Resources Officer to Applicant’s legal practitioner’s notice of appeal dated…

ANALISA NHENDE Appellant And E-MALI (PRIVATE) LIMITED Respondent

Labour Court · LC-H-179-2016 · 03 2016

Appellant’s prayer in her claim before the Arbitrator was that since she was then employed on a contract without limit of time, she was entitled to three months’ notice of $2 700,00. The term of reference to the Arbitrator which…

ACKIM ZEMBE - APPELLANT AND INNSCOR AFRICA FAST FOODS- RESPONDENT

Labour Court · LC-H-178-16 · 03 2016

This is an appeal against a determination by the Respondent Appeals Authority handed down on the 12th of February 2015 but received by Appellant on the 2nd March 2015. The appeal is opposed. The Appellant was employed by the Respondent…

GOODWAY TAHWA MVUDUDU Appellant And CHITUNGWIZA MUNICIPALITY Respondent

Labour Court · LC-H-177-16 · 03 2016

At the hearing of this matter respondent raised a point in limine which is the subject of this judgment. Appellant noted an appeal on 9 October 2015. The notice of appeal has twenty-four pages. The grounds of appeal are in…

KILIANA BANGURE Applicant MINISTER OF LABOUR 1st Respondent ZB FINANCIAL HOLDINGS LTD 2nd Respondent

Labour Court · LC-H-176-16 · 03 2016

On record is a letter by 1st respondent’s Secretary (Minister) in terms of which she approved applicant’s (employee) retrenchment by 2nd respondent (employer) subject to certain terms and conditions. This was after the employer and employee deadlocked during their negotiations…

PACKRITE (PVT) LTD Appellant And JOHN DZIVAKWE & 7 OTHERS Respondents

Labour Court · LC-H-174-16 · 03 2016

This is an appeal against an arbitral award. The respondents were employed by the appellant in various capacities and claimed that as at 7 May 2014, they were owed salary arrears running from November 2010 to December 2013. They then…

GODFREY CHAPETA & 11 OTHERS Appellants ENTERPRISE DOG HANDLER UNIT Respondent

Labour Court · LC-H-172-16 · 03 2016

On 13th December 2012 at Harare, Arbitrator D. Mudzengiissued an arbitration award. In terms thereof he dismissed Appellants’ complaint against Respondent for failure to pay them for overtime worked. Appellants then appealed to this Court against the award. Respondent opposed…

SIMBINI WILLS MHLANGA APPELLANT Versus PETROZIM LINE ZIMBABWE RESPONDENT

Labour Court · LC-H-171-2016 · 03 2016

This is an appeal against the decision of the respondent employer’s appeals committee where it upheld the appellant employee’s guilty verdict and dismissal penalty. Facts giving rise to the case were that the appellant who was in the respondent’s employ…

ZIMBABWE SCHOOLS DEVELOPMENT ASSOCIATIONS Appellant AND COMMITTEES And THE REGISTRAR OF LABOUR N.O. 1stRespondent And NATIONAL ASSOCIATION OF SCHOOL 2nd Respondent DEVELOPMENT ASSOCIATIONS & COMMITTEES

Labour Court · LC-H-170-16 · 03 2016

This is an appeal against the decision of Registrar of Labour allowing the registration of second respondent in terms of section 45 of the Labour Act, [Chapter 28:01]. Appellant is dissatisfied with the decision and has appealed to this Court.…

T M SUPERMARKET Appellant And KELVIN MOTSI Respondent

Labour Court · LC-H-169-16 · 03 2016

At the hearing of this matter, counsel for respondent made an oral application for condonation of late filing of the notice of response and late service of the notice of response on the appellant. I dismissed the application and gave…