TRUST ME SECURITY Appellant And EMMANUEL CHINGARANDE & OTHERS Respondents

Labour Court · LC-H-168-16 · 03 2016

This is an appeal against an award in favour of respondents. Respondents were employed by the appellant on different dates. Their contracts were terminated and they complained of - non payment of wages - non payment of cash in lieu…

VORTIGEN INVESTMENTS (PVT) LTD Appellant And TICHARWA MOTO Respondent

Labour Court · LC-H-167-16 · 03 2016

Respondent was employed by the appellant. Sometime in November 2013 respondent got injured at work which necessitated that he receives medical attention. It is common cause that respondent was granted sick leave days by the appellant. It is the manner…

VIMBAI RONIKA MAKONI 1st Appellant And NETSAI TSANYAU 2nd Appellant

Labour Court · LC-H-166-16 · 03 2016

At the conclusion of the oral submissions the court dismissed the appeal stating that there was no merit. Appellants’ legal counsel has requested for written reasons therefor. The following are the reasons. Appellants were employed by respondent in various capacities…

TONGAI DHOWA 1st APPELLANT ELLIOT MUTAYAUNGA 2ND APPELLANT SERVCOR (PVT) LTD RESPONDENT

Labour Court · LC-H-165-2016 · 03 2016

The arbitrator W Musiiwa issued an arbitration award on 24 September 2012. In terms thereof he dismissed the appellants’ claim of unfair dismissal from employment by the respondent. The appellants then appealed to this Court against the award. The respondent…

BERTHA KWARAMBA APPELLANT ZUPCO (PVT) LTD RESPONDENT

Labour Court · LC-H-164-2016 · 03 2016

On 28th April 2015 the appellant filed an appeal in this Court. On 13th May 2015 the respondent filed a Response. The grounds of appeal were written in long hand as follows: “Unfair treatment, unfair allegations resulting in an unfair…

GABRIEL DIZHA APPELLANT Versus ZIMBABWE LEAF TOBACCO RESPONDENT

Labour Court · LC-H-163-2016 · 03 2016

This is an appeal against the determination of the National Employment Council for the Tobacco Industry (“NECTI”) dated 6 March 2015. The appellant was dismissed from the respondent’s employment with effect from 21 April 2011. He noted an appeal to…

ZIMBABWE MANPOWER DEVELOPMENT APPELLANT FUND Versus ELIAS CHIZEMA RESPONDENT

Labour Court · LC/H/162/2016 · 03 2016

This is an appeal against an arbitral award handed down on 24 February 2015. In terms of the award, the appellant was ordered to reinstate the respondent without loss of salary and benefits, on the basis that the probationary assessment…

REBECCA MHLANGA APPLICANT Versus ZIMBABWE UNITED PASSENGER COMPANY RESPONDENT

Labour Court · LC-H-161-2016 · 03 2016

This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. On 29 May 2015 this court upheld a point in limine that the grounds of appeal in case number LC/H/1056/14…

WELLINGTON MAKUVARA Appellant And ZIMBABWE PLATINUM MINES Respondent

Labour Court · LC-H-160-15 · 03 2016

At the hearing of this matter respondent raised a point in limine which is the subject of this judgment. This is an appeal against the decision of the respondent’s Appeals Committee to uphold the dismissal penalty meted on appellant by…

LEGACY INTERNATIONAL SCHOOL - Appellant And B. FLEMING - Respondent

Labour Court · LC-H-159-16 · 03 2016

This is an appeal against the decision of the arbitrator. The facts in this matter are largely common cause. Respondent was employed by the appellant as Principal of its school. Appellant proceeded to unilaterally reduce respondent’s salary by about 50%.…

MANJESE JUSTIN Appellant And LOBELS BREAD (PVT) LTD Respondent

Labour Court · LC-H-158-16 · 03 2016

This is an appeal against an arbitral award handed down on 16 July 2013, which ruled that the appellant was lawfully dismissed from employment. The brief factual background is that the appellant was employed by the respondent as Bakery Supervisor.…

PRACTICAL ACTION SOUTHERN AFRICA - Appellant And SYLVIA MAKOMVA - Respondent

Labour Court · LC-H-157-16 · 03 2016

This is an appeal against the decision of the arbitrator. The facts which are largely common cause are as follows. The respondent was employed by the appellant on fixed term contracts which were renewed periodically. Respondent’s last contract was to…

B.S. LEON TRUST MEDICAL SERVICES - Appellant And EMILY MATONGA - Respondent

Labour Court · LC-H-156-16 · 03 2016

Most of the facts in this matter are common cause. Respondent was in the employ of the appellant. Following allegations of misconduct, respondent was suspended by the appellant. No disciplinary hearing was held resulting in the respondent being called back…

FLYHIGH ENTERPRISES Appellant And NESBERT CHATIKOBO Respondent

Labour Court · LC-H-155-2016 · 03 2016

This is an appeal against an arbitral award. The grounds of appeal can be summarized as follows:- 1. The Arbitrator misdirected himself on the law by shifting the burden of proof from Respondent to Appellant. 2. The Arbitrator erred on…

ELIZABETH GLASIER PEDIATRIC Appellant AIDS FOUNDATION And FENNY MWAZOZO 1st Respondent And DZINGIRAYI DINGWIZA 2nd Respondent

Labour Court · LC-H-154-16 · 03 2016

This is an appeal against the arbitrator’s decision where she ruled that appellant employer had underpaid respondent’s employees’ gratuity when it used the industry code calculations as opposed to the model contained in the employees’ handbook forming part of the…

ELVIS MUNGOFA Appellant And PREMIER SERVICE MEDICAL INVESTMENTS Respondent

Labour Court · LC-H-153-16 · 03 2016

This is an appeal against the decision of the respondent’s Appeals Authority to uphold the decision of the Disciplinary Committee dismissing the appellant. Appellant was employed by respondent as an accountant at head office. He was charged with fraud in…

LIGHTON DUBE APPLICANT Versus DELEGATION OF THE EUROPEAN UNION RESPONDENT TO THE REPUBLIC OF ZIMBABWE

Labour Court · LC-H-152-2016 · 03 2016

This matter was set down as an application for condonation of late filing of heads of argument and upliftment of bar. It is a case which makes very sad listening.In its pre-hearing discussion with the parties, the court explained to…

TAMUKA MOYO ATTORNEYS APPELLANT Versus SHADRECK CHISOKO RESPONDENT

Labour Court · LC-H-151-2016 · 03 2016

The respondent raised two preliminary issues in his heads of argument. However when the parties appeared before the court one of the preliminary point was abandoned. The respondent submitted that the grounds of appeal did not raise questions of law…

SAMUEL GOROTOMA APPELLANT Versus CARGO CARRIERS INTERNATIONAL RESPONDENT HAULIERS

Labour Court · LC-H-150-2016 · 03 2016

The appellant was employed as a truck driver from 2008 until 2 October 2013 when he was dismissed. He then noted an appeal to this court. The matter began with a letter that was handed to the respondent’s human resources…

WADDILOVE HIGH SCHOOL APPELLANT Versus TAPIWA CHINYERERE RESPONDENT

Labour Court · LC-H-148-16 · 03 2016

At the hearing of this matter I upheld the appeal with costs. The following are the reasons for that decision: 1. The sole issue before this court is whether or not the National Employment Council for the Welfare and Educational…