COLLEN ZIDUMBE AND 23 OTHERS Appellant And TN HARLEQUIN LUXAIRE (PRIVATE) LIMITED Respondent

Labour Court · LC-H-131-2016 · 03 2016

The law that governs appeals to this Court against arbitral awards is very clear. Section 98(10) of the Labour Act [Chapter 28:01] provides, “An appeal on a question of law shall lie to the Labour Court from any decision of…

GOKWE NORTH RURAL DISTRICT COUNCIL Applicant And ZIMBABWE RURAL DISTRICT COUNCILS WORKERS UNION Respondent

Labour Court · LC-H-130-2016 · 03 2016

On the 4th September, 2015 an arbitral award was issued against Applicant in which it was ordered to remit to Respondent an amount of $7 335.32 as union dues. Applicant filed an appeal against this award. It has filed this…

CHITEPO SECONDARY SCHOOL Appellant And JOSEPH MUKUSHWA Respondent

Labour Court · LC-H-129-2016 · 03 2016

This appeal proceeded in terms of Rule 22 of this Court’s Rules Statutory Instrument 59 of 2006 after the Court found that Respondent had not shown good cause why he did not file his response to the appeal as required…

NYARAI CHASWEKA Appellant And RUFARO SUPERMARKET Respondent

Labour Court · LC-H-128-2016 · 03 2016

This is an appeal against an arbitral award. The term of reference which the arbitrator was to consider was, “whether or not the employee is entitled to a retrenchment package and the remedy thereof.” To determine this term, the Arbitrator…

WEDZA DAIRY ASSOCIATION Appellant NOBERT MAZHANGARA Respondent

Labour Court · LC-H-127-2016 · 03 2016

On 15th July 2014 Arbitrator P. Chinguruve made an arbitration award. He ordered Appellant to pay Respondent a total sum of US $4 050.00 in respect of outstanding wages and leave pay. Appellant then appealed to this Court against the…

XAVIER MARAMBA Appellant And MINISTER OF PRIMARY AND 1stRespondent SECONDARY EDUCATION And PUBLIC SERVICE COMMISSION 2nd Respondent

Labour Court · LC-H-126-16 · 03 2016

This is an appeal against the decision of the respondent’s disciplinary authority which confirmed appellant’s guilt and dismissed him from work following allegations of fondling a pupil’s breast in contravention of the respondent’s regulations. The appeal is based mainly on…

PETERHOUSE GROUP OF SCHOOLS Appellant And E. FIVE AND ANOTHER Respondents

Labour Court · LC-H-125-16 · 03 2016

This appeal raises one issue, whether an application for exemption made in terms of Statutory Instrument 102 of 2014, The Collective Bargaining Agreement: Welfare and Educational Institutions, suspends the obligation to pay the promulgated salaries and benefits The background to…

ASINA MUSA Appellant And DANCHIP ENTERPRISES (PVT) LTD Respondent

Labour Court · LC-H-124-16 · 03 2016

The appellant was employed by the respondent on a fixed monthly contract from August 2012 to May 2013 when the contract was not renewed. The appellant filed a complaint with a labour officer that he was engaged as a carcass…

PEMCOL (PVT) LTD Appellant KELVIN CHITSINDE Respondent

Labour Court · LC-H-121-16 · 03 2016

On 29 June 2015 arbitrator P Chirongoma issued an arbitration award. In terms thereof he ordered appellant to pay respondent a sum of $1 514.00 in respect of notice pay, cash in lieu of leave and underpayment of wages. Appellant…

NMB BANK Applicant And TAWANDA MUSHAYA & 4 OTHERS Respondents

Labour Court · LC-H-120-16 · 03 2016

This is an application for leave to appeal against the decision of this court that was made on 7 August 2015. This court upheld the arbitrator’s decision to disallow the employer from including new evidence. This court in its findings…

ZIMBABWE NEWSPAPERS (1980) LTD Appellant And FARAI KUVIRIMWA Respondent

Labour Court · LC-H-118-16 · 03 2016

At the hearing of this matter, the respondent raised a point in limine which is the subject of this judgment. The appellant appealed against an arbitral award in favour of respondent. Respondent was engaged by appellant as a journalist for…

NIMROD MUNERI Appellant And WESTLAKE TYRES Respondent

Labour Court · LC-H-117-16 · 03 2016

This is an appeal against an arbitral award. The appellant was engaged by the respondent sometime in January 2014 until May 2014 in the capacity of a welder. When such engagement was terminated, the appellant lodged a complaint with the…

HOWARD KAZEMBE Appellant And MINISTER OF PRIMARY AND 1st Respondent SECONDARY EDUCATION And CIVIL SERVICE COMMISSION 2nd Respondent

Labour Court · LC-H-116-16 · 03 2016

The appellant is a teacher who at the time of dispute was based at Diggleford Primary School. Following allegations of misconduct that he solicited for a bribe and conducted extra lessons he was charged for misconduct. He was found liable…

HWANGE COAL GASSIFICATION COMPANY Applicant And JENFAN MUSWERE Respondent

Labour Court · LC-H-115-16 · 03 2016

This court granted an application for late noting of appeal in favour of the respondent. The applicant is dissatisfied with the decision of the court in this respect. The applicant intends to approach the Supreme Court for relief. This is…

MARONDERA RURAL DISTRICT COUNCIL Applicant And ROBERT T B MUKOSA Respondent

Labour Court · LC-H-114-16 · 03 2016

This is an application for condonation of late filing of an application for leave to appeal against a decision of this court as well as an application for extension of time within which to file the application for leave to…

LOWSIGN NYARUMBU Appellant And SANDVIK MINING & CONSTRUCTION ZIMBABWE (PVT) LTD Respondent

Labour Court · LC-H-113-16 · 03 2016

On 7 May 2013 the Supreme Court gave the following order in a matter between the parties; “1. The appeal is allowed with costs. 2. The judgment of the Labour Court is hereby set aside and substituted as follows- i)…

JACQUILINE MUBVUMBA &ANOTHER Appellants And FOODWORLD Respondents

Labour Court · LC-H-112-16 · 03 2016

MUZOFA, J: The two appellants were employed on fixed term contract in different capacities by the respondent. Upon termination of their contracts a dispute arose in the computation of their terminal benefits. The appellants referred the dispute to a labour…

COURTENEY HOTEL (PVT) LTD Appellant And JAMESON CHINYAN’ANYA & 36 OTHERS Respondents

Labour Court · LC-H-111-16 · 03 2016

The appellant appeals against the determination of an arbitrator which ordered it to pay salary arrears in the sum of $221 646.50 in 9 instalments of $24 627.39 per month. All the respondents were employed by the appellant. It is…

TENNIE CHIMBERA Applicant And METALLON GOLD ZIMBABWE (PVT) LTD Respondent

Labour Court · LC-H-110-16 · 03 2016

This matter was placed before me as an application for review. The applicant raised a number of procedural irregularities related to his suspension and the constitution of the disciplinary authority. It was also alleged that there was a splitting of…

DENFORD N MUSARIRI Appellant And BEACH CONSULTANCY Respondent

Labour Court · LC-H-109-16 · 03 2016

This matter has a sad history of dragging back and forth since 2014 with the parties engaged in a series of applications and counter applications but the merits of the matter not being dealt with. Finally on 17 March 2015…