SAIDI ZHUWAWO APPELLANT And DELTA BEVERAGES RESPONDENT

Labour Court · LC/H/295/2013 · 03 2013

This is an appeal against the decision of the Respondent’s Works Council internal appeal level where Appellant’s guilty verdict was upheld and the dismissal penalty was confirmed. Facts of the case are that, Appellant was found guilty and dismissed from…

CHIKOMBA RURAL DISTRICT COUNCIL - Appellant And KENNETH MUNDOPA - Respondent

Labour Court · LC/H/102/13 · 03 2013

The matter was placed before me as an appeal against an arbitral award handed down on 2nd June, 2011. The material background facts of the matter are as follows; The Respondent was employed by the Appellant as a nurse from…

THOMAS KATEWERE – Appellant And ZIMNAT ASSET MANAGEMENT – Respondent

Labour Court · LC/H/294/2013 · 03 2013

This is an appeal against the Arbitrator’s decision where he held that the Respondent (employee) had failed to demonstrate that the claimant (the employer) had been in willful default at a quantification hearing before an Arbitrator. The facts of the…

CEMENT, LIME & ALLIED WORKERS UNION APPELLANT And FIBRE CEMENT EMPLOYEES ASSOCIATION RESPONDENT

Labour Court · LC/H/281/13 · 03 2013

This is an appeal against the decision of the arbitrator where he declined to compel the parties to the instant case to introduce housing allowance in their 2012 negotiations at N.E.C. level. He however went on to advise the parties…

TENDAI MARUMISA Appellant ZETDC (PVT) LTD Respondent

Labour Court · LC/H/99/13 · 03 2013

On 29th August 2011 the Honourable C Kabasa made an arbitration award. In terms thereof, he dismissed Appellant’s claims and referred the matter to Respondent’s disciplinary committee for a hearing. Appellant was aggrieved by the award. He then appealed to…

REMIGIO MAKONI - Appellant And VIKING SECURITY - Respondent

Labour Court · LC/H/195/13 · 03 2013

The Appellant lodged his appeal against the determination by the Negotiating Committee of the Commercial Sector handed down on 13 June, 2011, reversing an earlier decision by the Mashonaland Local Committee and upholding the employer’s decision to dismiss him from…

CHURCH OF JESUS CHRIST – Appellant And GODFREY MUNYAMANA – Respondent

Labour Court · LC/H/162/2013 · 03 2013

Appellant raised a point in limine that the Respondent was barred. Appellant submitted that it served its Heads of Argument upon the Respondent on 16 February 2012. Respondent was obliged to file its Heads of Argument within 14 days of…

MALTA .P. KATEMBENDE APPLICANT And CITY OF HARARE RESPONDENT

Labour Court · LC/H/98/2013 · 03 2013

Applicant made a chamber application to this court on 9 January 2013 seeking this court to condone her late filing of an appeal against the decision of the Respondent Council. The Respondent dismissed her on allegations of theft and absence…

TONDERAI SAKUPWANYA – Appellant And FLEXIMAIL LIMITED – Respondent

Labour Court · LC/H/180/2013 · 03 2013

I dismissed the appeal on the day of hearing and indicated that reasons would follows. These are they: This is an appeal against the findings of the Appeals hearing dismissing Appellant from employment after confirming his guilty for contravening offence…

PG TIMBERS ZIMBABWE LIMITED - Applicant And JOTHAM ROMO -Respondent

Labour Court · LC/H/151/2013 · 03 2013

This is an application in terms of rule 19(3) a of the Labour Court Rules 2006 for the dismissal of the Respondent’s appeal on the basis that he failed to file his heads of argument within the time limits prescribed…

ZIMBABWE TOBACCO ASSOCIATION versus THE RESERVE BANK OF ZIMBABWE

Harare High Court · HH77-13 · 03 2013

Section 3 of the Class Actions Act [Cap 8:17] provides as follows:- “Application for leave to institute class action (1) Subject to this section, the High Court may on application grant leave for the institution of a class action on…

RIBITIGER - Applicant And OBADIA GIYA - Respondent

Labour Court · LC/H/233/13 · 03 2013

The Respondent was the Applicant’s credit controller from 18 September, 2009. The Applicant paid the Respondent agreed wages from September to November, 2009. From December, 2009, the Applicant stopped paying the wages. No wages were paid for the whole of…

EDGAR PARATEMA - Appellant And TOTILA MARKETING (EAGLE LINER) - Respondent

Labour Court · LC/H/92/13 · 03 2013

On 12 November, 2010, the Applicant won an appeal against his dismissal in this Court. The order per President Musariri was as follows; “1.The appeal is hereby allowed and dismissal of Appellant by Respondent is set aside; 2. Respondent shall…

HUSAVIHWEVHU MINING SYNDICATE versus SLASHWOOD MINING (PRIVATE) LIMITED

Harare High Court · HH82-13 · 03 2013

This is an application for leave to execute a judgment of this court given in Case Number HC 1002/13 pending determination of an appeal noted to the Supreme Court against it by the respondent. The application was brought as an…

MINISTRY OF EDUCATION, Applicant SPORT, ART & CULTURE TONDERAI KUTIVA Respondent

Labour Court · LC/146/13 · 03 2013

On 5th July 2012 this Court made an order. The terms of the order read as follows, “Respondent having failed to file its response in terms of Rule 15 of the Labour Court Rules Statutory Instrument 59 of 2006: and…

OK ZIMBABWE - Appellant And EUGENE RUKWEZA - Respondent

Labour Court · LC/H/118/13 · 03 2013

The Respondent worked for Appellant as a Till Operator. He was dismissed from employment with effect from 29 October, 2010 on a charge of UNSATISFACTORYWORK; PERFORMANCE.It was Respondent’s case that firstly, on the 11th of September, 2010 he took an…

ROYALE PROPERTIES (PRIVATE) LIMITED versus MUNICIPALITY OF KARIBA and THE SHERIFF OF ZIMBAWE

Harare High Court · HH81-13 · 03 2013

The real issue for determination in this matter is whether the applicant and the first respondent concluded a contract for the sale of land. The facts in this matter are basically common cause. The applicant sought to buy land belonging…

DELTA BEVERAGES (PRIVATE) LIMITED versus SOLOMON MANDIZIRA

Harare High Court · HH80-13 · 03 2013

This is an unusual application. The applicant is the purported defendant in a contested action filed by the respondent as plaintiff in this court HC 8956/10. A pre-trial conference was held and the action referred to trial on a set…

VIMBAI MBUNDURE Appellant OLD MUTUAL INVESTMENTS Respondent GROUP PROPERTY INVESTMENTS ZIMBABWE (PRIVATE) LIMITED

Labour Court · LC/H/83/13 · 03 2013

The following facts are common cause: 1. Appellant worked for Respondent as a Property Manager. 2. At the material times she was responsible for the Eastgate complex in Harare. 3. The complex contained office space, a food court and retail…

NABOTHY TAMBAOGA APPLICANT And CITY OF MASVINGO RESPONDENT

Labour Court · LC/MS/08/13 · 03 2013

This is an application for condonation of late noting of an appeal. It is trite that in order for an application of this nature to succeed, the applicant must give a reasonable explanation for: 1. The inordinate delay. 2. Reasons…