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Employment Contract re: Termination iro Termination on Notice, Summary and Mutual Termination, Resignation & Repudiation

HH75-10 : A.C. CONTROLS (PVT) LTD vs EMMANUEL MIDZI and ALPADETAIL (PVT) LTD t/a E AND Z ENTERPRISES P/L
Ruled By: UCHENA J

The applicant is a company duly incorporated in terms of the laws of Zimbabwe. It carries on the business of electrical engineering. The first respondent was its employee. He was its Chief Executive Officer. He tendered his letter of resignation on 8 February 2010.The second respondent is the first respondent's ...
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SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

This is a labour dispute between the parties. A brief history of the matter is as follows:The appellant (the Corporation) employed the respondent (Mr Moyana) on 20 October 1980 as a Marketing Executive. The contract was a simple one, providing that his functions were to be assigned to him from ...
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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SC43-15 : DON NYAMANDE and KINGSTONE DONGA vs ZUVA PETROLEUM (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GARWE JA, HLATSHWAYO JA and GUVAVA JA

On 21 November 2011, the respondent offered its employees, who included the appellants, a voluntary retrenchment package – which was declined. On 15 December 2011, the respondent served each of its employees, including the appellants, with a compulsory notice of intention to retrench. The appellants and the respondent could not agree on the retrenchment terms. ...
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SC43-15 : DON NYAMANDE and KINGSTONE DONGA vs ZUVA PETROLEUM (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GARWE JA, HLATSHWAYO JA and GUVAVA JA

It is also very clear that, on a proper reading of section 12B of the Labour Act [Chapter 28:01] it deals with the method of termination of employment known as “dismissal”. While dismissal is one method of termination of employment, it is not the only method of terminating an employment relationship. It is only ...
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SC25-16 : EUNICE MADONDO vs CONQUIP ZIMBABWE (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

This is an appeal against the whole judgment of the Labour Court of Zimbabwe handed down by CHIDZIVA J on 28 June 2013 at Harare. The appellant prays that the appeal succeeds and that the respondent be ordered to pay the costs of suit on a higher scale. After hearing counsel for both ...
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SC71-15 : SIMBI (STEELMAKERS) (PRIVATE) LIMITED vs M. SHAMU and OTHERS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

I note, in passing that section 12 of the Labour Act [Chapter 28:01] was recently amended by section 4 of the Labour Amendment Act 2015 (No.5 of 2015) in several respects appertaining to the continued subsistence of fixed term contracts and contracts for casual, seasonal or piece work. The amendment also deals with the ...
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CC07-18 : LIBERAL DEMOCRATS and REVOLUTIONARY FREEDOM FIGHTERS and VUSUMUZI SIBANDA and LINDA MASARIRA and BONGANI NYATHI vs PRESIDENT OF THE REPUBLIC OF ZIMBABWE, E.D. MNANGAGWA N.O. and OTHERS
Ruled By: MALABA CJ

Resignation from office is an expression of a peculiarly personal decision. Absent credible evidence to the contrary, resignation from office is evidence of the exercise of free will. A written notice of resignation addressed…, and signed…, raises the presumption that it is a free and voluntary resignation.
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SC48-18 : THANDEKILE ZULU vs ZB FINANCIAL HOLDINGS (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA, HLATSHWAYO JA, GUVAVA JA and UCHENA JA

Furthermore, there is merit in the respondent's argument that the appellant conducted herself in such a manner as to repudiate the contract of employment. This is so because it is the employer who sought after her to enquire about the progress of her recovery whilst she made no effort to indicate that she was still ...
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SC10-13 : BISHOP ELSON JAKAZI and THE BOARD OF TRUSTEES ANGLICAN DIOCESE OF MANICALAND vs ANGLICAN CHURCH CENTRAL AFRICA and REVEREND JOSEPH CHIPUDHLA and RIGHT REVEREND RALPH PETER HATENDI
Ruled By: ZIYAMBI JA

The law is clear. Resignation is a unilateral act which takes effect upon being communicated. See Riva v NSSA 2002 (1) ZLR 412 (H)…, where the Court said:“It is common cause between parties that the giving of notice is a unilateral act; it requires no acceptance thereof or concurrence therein ...
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HH80-10 : BISHOP ELSON MADODA JAKAZI and BOARD OF TRUSTEES, ANGLICAN DIOCESE OF THE PROVINCE OF CENTRAL AFRICA vs THE ANGLICAN CHURCH and REV. JOSEPH CHIPUNDLA and REV. RALPH PETER HATENDI
Ruled By: BHUNU J

It is an established rule that resignation is a unilateral, voluntary act which takes effect as soon as the resignation has been communicated to the correct person or authority. In the case of Mazengi v Standard Chartered Bank Anor (2) ZLR 137 this court held that a letter ...
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Appealed
SC49-18 : RICHARD SIBANDA and JONAH MUDONDO and L. D. MATEZA vs THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) INC.
Ruled By: GOWORA JA, HLATSHWAYO JA and UCHENA AJA

In Jakazi Anor v Anglican Church of the Province of Central Africa SC10-13, this Court dealt with the issue of resignation as an objective fact. In communicating resignation, a party gives notice. The giving of notice is a unilateral act which needs no acceptance. Whether or not a party resigned is a question of fact. The sentiments of ...
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View Appeal
HH463-15 : APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) vs REV. RICHARD SIBANDA and JONAH MUNONDO and REV. L.D MATEZA and JULIUS T MATOPE
Ruled By: DUBE J

In Bishop Jakazi and Anor v Anglican Church of the Province of Central Africa SC10-13 the court stated that resignation is a unilateral act which takes effect upon being communicated. See Riva v NSSA 2002 (1) ZLR 412 (H)…, where the court said; “It is common cause between parties that the giving of notice is a unilateral act; it requires no acceptance ...
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SC48-12 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

A person will be deemed to have resigned from an office if evidence of his or her conduct shows that he or she exercised the right to resign notwithstanding absence of notice to the appropriate authority of an intention to resign….,. otherwise it would mean a person could leave office and return to an organization ...
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SC59-18 : ST. GILES MEDICAL REHABILITATION CENTRE vs LAMBERT PATSANZA
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

The appellant also erred in dismissing the respondent on two weeks' notice which was not provided for in the contract of employment.
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HB253-16 : MBERIKUNASHE MASVIBO and 14 OTHERS vs TN HARLEQUIN LUXAIRE LIMITED
Ruled By: MAKONESE J

Whether or not the respondent was entitled to terminate the contracts on grounds of repudiation The respondent contends that the applicants have repudiated their employment contracts by failing to report for work and making themselves available for work. This is denied by the applicants who allege that the argument of repudiation is merely based on letters written by ...
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SC16-19 : AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY vs FRANCIS BAURENI and 18 OTHERS
Ruled By: GARWE JA, PATEL JA and MAKONI JA

The first ground of appeal challenges the constitutionality of the provision introduced by the Labour Amendment Act No.5 of 2015 stipulating the retrospective payment of minimum retrenchment packages to employees who were dismissed on notice. At the hearing of the appeal, counsel for the appellant conceded that this ground could not be persisted with in light of ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

The appellants in Nyamande and Anor v Zuva Petroleum (Pvt) Ltd SC43-15, 2015 (2) ZLR 186 (SC) (the Zuva Petroleum judgment) were employed by Zuva Petroleum (Pvt) Ltd (“the company”). The company wrote letters to the appellants giving them notice of its intention to terminate their employment at the end of three months. Thereafter, the company paid the ...
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SC24-14 : KUNDAI MAGODORA AND OTHERS vs CARE INTERNATIONAL ZIMBABWE
Ruled By: MALABA DCJ, PATEL JA and GUVAVA JA

Counsel for the appellants submits that the real reasons for the termination of the appellants' contracts were the impact of budgetary constraints and the consequent need to restructure the respondent's operations. This appears from the notices of termination sent to the appellants on 27 March 2007. Because this premature termination ...
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SC42-19 : PIONEER TRANSPORT (PRIVATE) LIMITED vs ELIZABETH ANA DA SILVA
Ruled By: GARWE JA, GOWORA JA and PATEL JA

At the conclusion of arbitral proceedings, the arbitrator upheld the respondent's claim for unlawful dismissal and ordered her reinstatement, or, alternatively, payment of damages in lieu of reinstatement. An appeal against the award to the Labour Court was dismissed with costs. The present appeal is against that order. FACTUAL BACKGROUND The respondent was employed as Finance Director by the ...
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SC107-20 : COLCOM FOODS LIMITED vs TARUVA TARUVA
Ruled By: GWAUNZA DCJ, GUVAVA JA and MATHONSI JA

This is an appeal against the whole judgment of the Labour Court handed down on 1 June 2018 dismissing, with costs, an appeal made by the appellant against an arbitral award made by an arbitrator on 18 July 2017.FACTUAL BACKGROUNDThe appellant is a holding company with subsidiaries which include Ballantyne ...
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HH39-11 : BLUMO TRADING (PVT) LTD vs NELMAH MILLING COMPANY (PVT) LTD and NELSON MAHUPETE
Ruled By: PATEL J

The test for determining the repudiation of a contract by way of anticipatory breach was expounded by NIENEBAR JA in Datacolor International (Pty) Ltd v Intamarket (Pty) Ltd 2001 (1) SA 581 (A)…, as follows:“…, the emphasis is not on the repudiating party's state of mind, on what he subjectively ...
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SC32-09 : VIMBAI MBISVA vs RAINBOW TOURISM GROUP LIMITED t/a RAINBOW HOTEL & TOWERS
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

This is an appeal against a judgment of the Labour Court which set aside an arbitral award made in favour of the appellant.The background facts may be tabulated conveniently as follows:1. The appellant (“Vimbai”) was employed by the respondent (“the Hotel”) as a supervisor.2. On 18 January 2005 the Hotel ...
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HH21-21 : LAZARUS MUCHENJE vs SUSAN M. MUTANGADURA and PAUL MUPFIGA and TENDERO DZVETERO and DR BEAULAH CHIRUME and CHIDO BOKA and NETONE CELLULAR PL
Ruled By: MUREMBA J

The applicant was employed as the Chief Executive Officer (CEO) of the sixth respondent. The sixth respondent is Net One Cellular (Pvt) Ltd, a licensed provider of mobile and related telecommunications services in Zimbabwe. The first to fifth respondents are its directors.Following a Board meeting held on 20 February 2020, ...
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SC12-21 : TOBACCO PROCESSORS ZIMBABWE (PRIVATE) LIMITED vs TONGOONA MUTASA and OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and CHATUKUTA AJA

This is an appeal against the whole judgment of the Labour Court upholding the National Employment Council - Tobacco Grievance and Disciplinary Committee's (NEC GDC Committee) finding that the appellant tacitly renewed the respondents' contracts of employment.FACTUAL BACKGROUNDThe following facts are common cause. The respondents were employed by the appellant ...
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