Court Judgements
This is an appeal against the decision of an arbitrator which ordered the reinstatement of the respondent or payment of damages in the alternative.
The respondent was a branch manager based at the Mubaira branch of the appellant. His duties included driving company hearse. On 14 June 2014 while returning from a funeral driving a company hearse the respondent was involved in an accident.
He was charged in terms of section 4 (a) of the Labour (National Employment Code of Conduct) Regulations 2006 S I 15 of 2006 “the Code”. It was alleged he took five hours to travel a... More
This is an appeal against the decision of the Appeals Committee of the National Employment Council for the Commercial Sector which found the respondent not guilty of the allegations of misconduct that he was facing.
The facts are largely not in dispute. The Respondent was driving the appellant’s vehicle when on 14 April 2014 at about 0530 hours he was involved in an accident along the Chitungwiza road. The appellant overshot the roundabout and hit the Kerb. He caused damage to his employer’s vehicle in that both right-side tyres of the vehicle were damaged. More
The background facts are that there is no specific National Employment Council for the Funeral Sector. To date appellant and its employees have been regulated by the National Employment Council for the Commercial Sectors of Zimbabwe SI 45/93. Respondent was registered as a trade union in 2005 in respect to the interests in the funeral services and assurance undertakings. Attempts by respondent to negotiate on the formation of an N.E.C. for the Funeral Sector and thereafter negotiate conditions of employment, were unsuccessful due to non cooperation from the Zimbabwe Association of Funeral Assurers (ZAFA). Respondent brought a complaint before the... More
This is an application for the stay of execution of an award granted by arbitrators. It is opposed. The application was made in terms of section 92E (3) of the Labour Act [Chapter 28:01] (The Act). Parties appear to agree that the figure set by the arbitrators as the appropriate salary needs to be discussed further. This can only happen while the arbitral award has been suspended. If the award is not suspended the respondent has the right to enforce it. More
MUSARIRI, J:
On 4 August 2015 at Harare, Arbitrator B Mudiwa issued on arbitration award. He ordered appellant to reinstate respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The grounds of appeal complained that,
“1. The Honourable Arbitrator grossly misdirected himself on the facts and evidence in circumstances amounting to a misdirection of law including but not limited to the following
a) That the appellant assigned the respondent drivers to drive him about;
b) That respondent took no action for the period ranging from December 2012... More
On 7 October 2020 the High Court handed down judgment in an application made by the first and third respondents in terms of r359(8) of the High Court Rules, 1971. It set aside the Sheriff’s sale of a property known as lot 8 Brooke Estate, Harare,in execution of a judgment in favour of Standard Chartered Bank Limited and granted the first, second and third respondents three months to either satisfy the judgment debt or find another purchaser willing to pay more than USD260 000.00 for the same property. More
The appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to a fine US$400 or in default of payment three months imprisonment. He appeals against condition only.
At the hearing of the appeal the appellant abandoned the first two grounds of appeal and relied on the only two remaining grounds.
The first of the two remaining grounds stated that;
“The court a quo misdirected itself in disregarding appellant’s defence that he was given the service stationas an exit package by his employer, which defence was most... More
