Midlands State University Library

Court Judgements

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WASHAYA RAPOZO APPELLANT AND ANZ (PVT) LTD T/A THE DAILY NEWS RESPONDENT (2014-02-28)

This is an appeal against the National Employment Council Appeals Committee’s decision which confirmed the dismissal of the appellant. More

WESLEY ZUNGA APPELLANT VERSUS DIAMOND MINING CORPORATION RESPONDENT (2014-12-19)

This is an appeal against the decision of the respondent’s Appeals Committee. The Appeals Committee upheld the Disciplinary Committee’s decision to dismiss the appellant from employment after it found him guilty of misconduct. More

WEST FOODS DISTRIBUTIONS NETWORK APPELLANT AND BEULLAH MUCHEKENI RESPONDENT (2014-07-18)

This is an appeal against the arbitral award that was issued by Honourable Arbitrator Kare on 16 January 2014. The award reads as follows “Having carefully considered both oral and written submissions from both parties i hereby declare that a) Claimant was unfairly dismissed b) In light of this, I hereby order respondent to reinstate claimant with immediate effect without pay and benefits during the period of dismissal. If reinstatement is not an option, respondent is alternatively ordered to pay damages to claimant for the employment lost in terms of section 13 of the Labour Act. The quantum of damages... More

WHY NOT/LOFOMBO BUS COMPANY APPLICANT AND EMMERSON MUKAMBWA AND ANOR RESPONDENT (2014-06-20)

This is an opposed application for leave to appeal to the Supreme Court against the decision of this Court. The Applicant who was the Respondent in the main matter failed to file Heads of Argument within the prescribed time in terms of Rule 19 (3) (2) (a) (ii) of the Labour Court Rules. The applicant was barred in terms of Rule 19 (3) (b) of the rules and an order was issued in favour of the Respondent. More

WILBERFORCE CHIMUTIMBIRA APPELLANT VERSUS ZIMBABWE REVENUE AUTHORITY RESPONDENT (2014-01-31)

The appellant was employed by the respondent on a contract of employment without limit of time in May 2004. In March 2007 the respondent decided to place all its managerial employees on fixed term contracts. His position and responsibilities as Chief Internal Auditor did not change. The fixed term contract was to run for a period of three years. More

WILLIAM ARCHIBALD STANDER V THE STATE (2014-07-09)

After hearing counsel for both parties, the Court dismissed the application with no order as to costs. It was indicated that the reasons for the decision would follow in due course. More

WILLIAM SHORIWA 1ST APPELLANT AND THOMPSON MUGONI 2ND APPELLANT AND CLEOPAS MUGONI 3RD APPELLANT AND BEVPAK (PVT) LTD RESPONDENT (2014-11-07)

This is an appeal against the arbitrator’s decision where she dismissed the now appellants’ claim for gratuity in circumstances where they had accepted a pension less favourable than gratuity. Facts of the matter are that the appellant employees who worked for Mukundi plastics and Bevpak later as a going concern got to their respective retirement ages. At that stage they each received their dues upon retirement including receipt of a pension from the pension fund to which they contributed until 2008. More