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Discipline re: Disciplinary Hearings iro Misconduct Proceedings Held in Absentia or Default of Appearance

SC41-19 : TM SUPERMARKETS (PRIVATE) LIMITED vs BISSET CHIMHINI
Ruled By: GARWE JA, GOWORA JA and ZIYAMBI AJA

Following charges of misconduct preferred against the respondent, the Hearing Officer appointed by the appellant found him guilty of five counts of conduct inconsistent with the fulfilment of the express or implied conditions of his employment contract. Consequent upon that finding, the disciplinary authority imposed the ultimate penalty of dismissal. Dissatisfied with the manner in which the ...
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SC17-20 : ERASMUS GUDZA vs CITY OF HARARE
Ruled By: HLATSHWAYO JA, GUVAVA JA and CHIWESHE AJA

This is an appeal against the entire judgment of the Labour Court handed down on 14 December 2012 under case number LC/REV/H/86/2011 wherein the appellant's application for review was dismissed for lack of merit.The facts that have a bearing on this matter are as follows:The appellant was employed by the ...
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SC28-19 : EMMANUEL MASVIKENI vs NATIONAL BLOOD SERVICE ZIMBABWE
Ruled By: GWAUNZA JA, GARWE JA and MAVANGIRA JA

This is an appeal against the whole decision of the Labour Court confirming the dismissal of the appellant from the respondent's employ.Factual Background The appellant was employed by the respondent as a Blood Procurement Manager from October 2001 to April 2012 when he was dismissed. Sometime in 2011, anonymous emails containing divisive and damning allegations against ...
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SC63-05 : OLIVINE INDUSTRIES (PVT) LIMITED vs DAVID GWEKWERERE
Ruled By: GWAUNZA JA

The respondent was employed by the appellant as manager of its Mutare branch. On 25 June 2002, a Mr G Good ("Mr Good"), who was the Director responsible for Sales and Marketing, addressed a letter to the respondent suspending him from duty with immediate effect without pay and benefits.The suspension ...
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SC04-14 : DAVID MOYO vs RURAL ELECTRIFICATION AGENCY
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

The appellant was employed by the respondent as an Accounting Officer.On 22 May 2009, he was handed a letter suspending him from his employment on charges of habitual and substantial neglect of duties in terms of section 4(g) of the Labour (National Employment Code of Conduct) Regulations, 2006 (“the Regulations”) ...
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SC11-21 : TENDAI BONDE vs NATIONAL FOODS LTD and LOVEJOY NYANDORO [as Chairman of Appeals Committee] and CHIPO NHETA [as Chairman of Works Council]
Ruled By: GUVAVA JA

This is an application for leave to appeal from a judgment of the Labor Court. The court a quo found no merit in the application for leave to appeal and dismissed it, on the main, that, the draft notice of appeal did not raise questions of law.The applicant was dissatisfied ...
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HB30-15 : JULIUS MPOSELWA vs LEOCHIWE TRADING (PVT) LTD t/a KALAMBEZA SAFARIS and NOREEN SIBANDA and BENSON SIYAWAREVA and DIRECTOR OF HOUSING – VICTORIA FALLS
Ruled By: NDOU J

Generally, a party who appears when the hearing starts, but thereafter withdraws or absents himself from the remainder of the proceedings must be accounted a defaulter – Katritsis v De Macedo 1966 (1) SA 613 (A)…, and The Civil Practice of the Supreme Court of South Africa (4th Ed), HERBSTEIN ...
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SC134-21 : OK ZIMBABWE LIMITED vs BENJAMIN TAZVIVINGA
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BERE JA

This is an appeal against the default judgment granted by the Labour Court on 2 November 2016.BACKGROUND FACTSThe respondent was employed by the appellant as a till operator. On 30 June 2015, there was a scuffle between the respondent and a customer over an issue of change. A spot check ...
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