KUDAKWASHE SHINDI Appellant And MINISTRY OF PRIMARY EDUCATION& ANOTHER Respondent

Labour Court · LC-H-108-16 · 03 2016

The court allowed the appeal in this matter in default of the respondent’s filing of a response in time and not explaining to the court’s satisfaction why it so defaulted. This judgment sets out the full reasons why the court…

PATRICK SITHOLE Appellant And SAKUNDA LOGISTICS Respondent

Labour Court · LC-H-107-16 · 03 2016

This is a review of the decision by the Chief Executive Officer of the respondent company to dismiss appellant following charges of negligent performance of his duties. The facts giving rise to the review application are that appellant who was…

METAL COMPONENTS Appellant And JANET CHIMANGA Respondent

Labour Court · LC-H-106-16 · 03 2016

At the hearing of the appeal and cross appeal, in this matter, the appellant was in default despite proper service. I proceeded to dismiss the appeal with costs. I however could not grant the cross appeal as prayed for by…

FAJI KAZEMBE – APPELLANT And SHAMVA GOLD MINE - RESPONDENT

Labour Court · LC-H-104-16 · 03 2016

At the hearing of this matter I dismissed the appeal and indicated that reasons would follow. These are they; This is an appeal against a decision of the Disciplinary Committee dismissing appellant. Appellant was employed by Metallon Gold Zimbabwe (Pvt)…

KUDAKWASHE FUMHIRWA APPLICANT And HEALTH SERVICE BOARD RESPONDENT

Labour Court · LC-H-102-2016 · 03 2016

This is an application for condonation of late filing of an application for review. The applicant was employed by the Ministry of Health as a pharmacy technician based at Mpilo Central Hospital. On 30 November 2012, he applied for manpower…

TOM DICKDEN APPELLANT Versus REGISTRAR GENERAL OF ZIMBABWE RESPONDENT

Labour Court · LC-H-100-2016 · 03 2016

At the commencement of the proceedings Mr Chopamba sought to apply for a postponement as the respondent had not formally filed a response to the Notice of Appeal. He stated that the reason for late filing of the response was…

COLLEGE LECTURERS ASSOCIATION APPLICANTS OF ZIMBABWE & 36 OTHERS And MINISTER OF HIGHER & TERTIARY 1ST RESPONDENT EDUCATION, SCIENCE & TECHNOLOGY And THE CIVIL SERVICE COMMISSION 2ND RESPONDENT

Labour Court · LC-H-99-16 · 03 2016

This is an application for condonation for late filing of an appeal. The facts in this case are largely common cause. The applicants filed an appeal with this court against the decisions of first and second respondents finding the lecturers…

CRASTER INTERNATIONAL APPELLANT And D MUZIRA & 11 OTHERS RESPONDENTS

Labour Court · LC-H-98-2016 · 03 2016

Before the matter proceeded into the merits, a preliminary point was raised on behalf of the respondent. It was submitted that the appeal was filed out of the prescribed period and therefore improperly before the court. For the respondent it…

ZIMBABWE FOOTBALL ASSOCIATION APPLICANT Versus NELSON MATONGORERE RESPONDENT

Labour Court · LC-H-97-2016 · 03 2016

This is an application for leave to appeal against the decision of this court to dismiss the applicant’s appeal against the decision of Honourable Arbitrator Professor Madhuku’s award that was handed down on 14 August 2014. The applicant has submitted…

AGRIFOODS (PVT) LTD APPELLANT Versus ELISHA RUBENI RESPONDENT

Labour Court · LC-H-95-2016 · 03 2016

The parties are embroiled in a labour dispute. The respondent is the appellant’s employee. The undisputed facts are that the respondent was a Salaries and Administration manager Grade C5. In 2009 the respondent was verbally requested to take additional duties…

EVIDENCE KARIZA Appellant And DELTA BEVERAGES (PRIVATE) LIMITED Respondent

Labour Court · LC-H-96-2016 · 03 2016

On the 28th October, 2015 I directed that the parties compile and file a full and proper record after which I would then consider whether to determine the matter on the record or direct that a court hearing be held.…

THAMSANQA GWEMENDE APPELLANT Versus AGRICULTURAL DEVELOPMENT BANK RESPONDENT OF ZIMBABWE t/a AGRIBANK

Labour Court · LC-H-94-2016 · 03 2016

This is an appeal against an arbitral award made in the following terms: “1. The applicant (appellant herein) was not constructively dismissed as he voluntarily resigned. 2. The applicant’s claim is therefore dismissed for lack of merit.” The issue raised…

STERLING FURNISHING COMPANY (PVT) LTD Appellant And ELISAH V MADZIVIRE Respondent

Labour Court · LC-H-93-16 · 03 2016

On the hearing day of this appeal the respondent raised a preliminary point that the second and fourth grounds of appeal donot raise questions of Law. They therefore should be struck off. I dismissed the preliminary point and indicated that…

TATENDA ZINDOGA APPLICANT Versus C M E D RESPONDENT

Labour Court · LC-H-92-2016 · 03 2016

This is an application for leave to appeal to the Supreme Court. The test for such application is settled. See Masekesa v Kingdom Financial Holdings SC 18-12 AND Dombodzvuku v CMED SC-31-12. The background to the matter at hand is…

RIOZIM LIMITED APPELLANT Versus GIVEMORE ZARONGA & 69 OTHERS RESPONDENTS

Labour Court · LC-H-91-2016 · 03 2016

This is an appeal against an arbitral award which award upheld the respondents’ entitlement to a bonus which had been unilaterally withdrawn by the employer (appellant). The respondents were employees of the appellant. Prior to February 2009 it remunerated its…

ZIMBABWE OPEN UNIVERSITY And PERPETUAL NDEKWERE

Labour Court · LC-H-75-16 · 03 2016

At the hearing of this matter I upheld a point in limine and dismissed the application with costs. I indicated that the reasons for my decision would follow. These are they. Applicant filed an application for condonation of late filing…

DELTA BEVERAGES Versus TIGERE MBIVA

Labour Court · LC/MT/20/2016 · 03 2016

is an appeal at the instance of the appellant employer against the decision of the arbitrator where he ruled that the appellant casualised labour by employing the respondent for a stretch of nine years on renewable fixed term contracts.

MURAHWA PRIMARY SCHOOL SDA And PETER JHAVA & 3 OTHERS

Labour Court · LC/MC/04/16 · 03 2016

This matter was set down for Mutare Circuit as an appeal at the instance of the appellant employer against a decision which was made in favour of the respondent employee by the arbitrator on 26 June 2015.

THE STATE versus LOVEMORE KURANGANA

Harare High Court · HH 267-17 · 03 2016

The accused killed his friend and neighbour but upon being charged with murder as defined in s 47 (1) of the Criminal Law (Codification & Reform) Act; [Chapter 9:23] he pleaded not guilty.

LAMECK CHIRANDE Appellant And PHOENIX CONSOLIDATED INDUSTRIES LIMITED Respondent

Labour Court · LC-H-90-16 · 02 2016

The appeal is against a determination handed down by the National Employment Council (NEC) for the Plastic Manufacturing industry on the 7th of October 2013 which determination confirmed Appellant conviction on a charge of violating health and safety regulations for…