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Appeal, Leave to Appeal re: Approach, Notice of Appeal and the Right of Appeal iro Labour Proceedings

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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SC18-12 : RONI MASEKESA vs KINGDOM FINANCIAL HOLDINGS
Ruled By: ZIYAMBI JA

A person wishing to exercise his right of appeal on a point of law from a judgment of the Labour Court is required by the Rules of that court to seek its leave to appeal within 30 days of the date of the judgment. The date on which the application for leave to appeal ...
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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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SC16-08 : MUROWA DIAMONDS vs UNION MAKUMBE
Ruled By: MALABA DCJ, CHEDA JA and GARWE JA

In cases where the Labour Court lacks jurisdiction to adjudicate over a matter, it may decide to re-hear the matter, as it is entitled to in terms of Section 90(2) of the Labour Act [Chapter 28:01]. Section 90(2) provides as follows: Evidence may be adduced orally or in writing in any proceedings in the ...
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SC12-12 : ANDREW MACHAYA vs FARM AND CITY CENTRE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

On the issues raised by the appellant, and in particular that he had been wrongfully suspended by the respondent, the court a quo found that this was an "after thought" on his part as it had not been raised before the arbitrator. The record of proceedings before the Senior Labour Relations Officer had not ...
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HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

Article 13 of the Arbitration Act [Chapter 7:15] provides as follows:“(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of para (3) of this article.(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after ...
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Appealed
SC20-12 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and DEPUTY SHERIFF HARARE N.O.
Ruled By: CHIDYAUSIKU CJ

Section 98(10) of the Labour Act [Chapter 28:01] provides as follows:"98 Effect of reference to compulsory arbitration under Parts XI and XII(10) An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section."Section 98 of the ...
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SC68-14 : DANIEL MUDENDA vs LION MATCH LIMITED
Ruled By: MALABA DCJ

This is an application for leave to appeal against a judgment of the Labour Court. The Senior President refused leave to appeal. After the hearing of the application, the applicant indicated that he wished to withdraw the matter. The respondent correctly insisted that the question whether leave to appeal be granted or not should be ...
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HH157-10 : ISAU MUGUGU vs POLICE SERVICE COMMISSION and COMMISSIONER OF POLICE
Ruled By: GOWORA J

In casu, the Board was empowered, in terms of the Police Act, to convene an enquiry into the suitability of the applicant to remain a member of the force. Section 50 of the Police Act provides as follows - “A board of inquiry consisting of not less than three officers of such rank, not being ...
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HH157-10 : ISAU MUGUGU vs POLICE SERVICE COMMISSION and COMMISSIONER OF POLICE
Ruled By: GOWORA J

The applicant has, however, as part of his review, alleged that there was bias on the part of the first respondent. The basis of the alleged bias is that the first respondent had arrived at a decision without having regard to the record of proceedings of the Board and without affording the applicant or ...
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SC26-15 : KIEV CHAMBOKO vs DOROWA MINERALS LIMITED
Ruled By: MALABA DCJ

This is an application for leave to appeal against the decision of the Labour Court dismissing an application for rescission of a default judgment. The application followed refusal of leave to appeal by the Senior President of the Labour Court on the grounds that the application was made after the expiry of the time ...
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SC38-15 : DELTA BEVERAGES (PRIVATE) LIMITED vs KUDAKWASHE MURANDU
Ruled By: GWAUNZA JA, HLATSHWAYO JA and CHIWESHE AJA

This is an appeal against the entire judgment of the Labour Court which upheld an award made by the arbitrator in favour of the respondent. The facts of the matter are set out in the judgment of the court a quo and have been amplified with details from the appellant's heads of argument and ...
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SC27-13 : SHECKEM BARRISTER NGAZIMBI vs MUROWA DIAMONDS (PVT) LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

Firstly, counsel for the respondent argued that the Notice of Appeal against the judgment delivered on 21 February 2011 does not comply with the provisions of section 92F of the Labour Act [Chapter 28:11] and is therefore a nullity. The Notice of Appeal was filed by the appellant on 9 March 2011. Leave to appeal to ...
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SC24-14 : KUNDAI MAGODORA AND OTHERS vs CARE INTERNATIONAL ZIMBABWE
Ruled By: MALABA DCJ, PATEL JA and GUVAVA JA

Relief Sought Apart from the demerits of the appeal, there is a more fundamental obstacle to the appellant's case. As I have stated earlier, the relief sought on appeal is either that of permanent employment or re-employment for a further nine (9) months. From the outset, the appellants' case was that the letter of 27 March 2007 ...
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SC33-13 : TENDAYI TAMANIKWA and FRANK TINARWO and EMMERSON PAMIRE and TENDAI MOMBESHORA vs ZIMBABWE MANPOWER DEVELPOMENT FUND
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

The appellants were employed by the respondent in various capacities. On 18 August 2009, the appellants were given instructions to sign declarations of secrecy following upon the leakage of information of a confidential nature from the respondent's office. All of the appellants refused to sign the declarations and they were charged with disobeying a lawful ...
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SC52-15 : TRIANGLE LIMITED vs VUSIMUSU SIGAUKE
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and MAVANGIRA AJA

1. Whether the court could competently convert the appeal proceedings to review proceedings during the preparation of its judgment without affording the appellant an opportunity to make submissions on the proposed course of conduct. It was contended by counsel for the appellant that once the court found that there were no sustainable grounds of ...
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SC22-16 : MICHEAL HENRY BROWNE vs TANGANDA TEA COMPANY
Ruled By: ZIYAMBI JA, GWAUNZA JA, PATEL JA

Constitution of the Disciplinary CommitteeThe appellant alleges that the Disciplinary Committee that found him guilty and imposed the penalty of dismissal was not properly constituted as set out in the respondent's employment Code of Conduct. This was because it did not include a “fellow employee” of the appellant.Paragraph 4.5 of the respondent's Code provides ...
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SC07-17 : CHRIS STYLIANOU and FRED DRIVER AND SONS (PVT) LTD and D.R. HENDRY (PVT) LTD vs MOSES MUBITA AND 25 OTHERS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

This is an appeal against the entire judgment of the Labour Court sitting at Bulawayo, handed down on 18 January 2010. After reading documents filed of record and hearing counsel, we made the following order:“IT IS ORDERED:1. The appeal be and is hereby allowed.2. There shall be no order as ...
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SC17-16 : ELSON GUMBO vs MARANGE RESOURCES (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA

I begin with the Notice of Appeal attached to the application. It is quoted in extensor; “NOTICE AND GROUNDS OF APPEAL TAKE NOTICE THAT appellant, having been granted leave on the…., day of…., 2014 And tendering all costs for the preparation of the record and any other costs that may be required by law, ELSON GUMBO hereby ...
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SC21-16 : ZIMBABWE PLATINUM MINES (PRIVATE) LIMITED vs MARKO PHUTI
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and PATEL JA

After hearing argument from counsel and following a unanimous decision of the Court, the appeal was partially allowed with costs. We further indicated that the reasons for judgment would follow in due course. Those reasons are as follows. Background The respondent was employed by the appellant as its Operations Manager. He was charged with several ...
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SC53-16 : PG INDUSTRIES (ZIMBABWE) LIMITED vs MARK BVEKERWA and 34 OTHERS
Ruled By: GWAUNZA JA, GOWORA JA and PATEL JA

On 1 November 2013, the Labour Court granted a chamber application in favour of the respondents for the amendment of their notice of appeal. This is an appeal against the order granting the application. THE FACTS The appellant is a company duly registered in terms of the laws of Zimbabwe. The respondents were formerly employed by ...
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SC35-17 : LEONARD DZVAIRO vs KANGO PRODUCTS
Ruled By: ZIYAMBI JA, GOWORA JA and GUVAVA JA

Rule 15(1) of the Labour Court Rules provides for 21 days to note an appeal once one has received the decision.
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SC64-17 : THOKOZILE ZINONDO vs CAFCA LIMITED
Ruled By: GWAUNZA JA

It is trite that an applicant seeking leave to appeal must establish that he has prospects of success on appeal. In the words of GARWE JA in Chikurunhe and Ors v Zimbabwe Financial Holdings SC10-08; “The party seeking leave must show, inter alia, that he has prospects of success on appeal. In other words, ...
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SC08-16 : CFI RETAIL (PRIVATE) LIMITED vs ERIC MANYIKA
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

Section 92E of the Labour Act [Chapter 28:01] provides as follows: “Section 92E: Appeals to the Labour Court generally: (1) An appeal in terms of this Act may address the merits of the determination or decision appealed against. (2) An appeal in terms of subsection (1) shall not have the effect of suspending the determination or decision ...
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HH40-15 : DAVID JOHN CARROLL vs STEELBASE ZIMBABWE (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

By virtue of the provisions of section 98(10) of the Labour Act [Chapter 28:01], an appeal against the decision of an arbitrator lies to the Labour Court. In terms of section 92E(2) of that Act, such an appeal does not suspend the decision appealed against.
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HB110-16 : FELIX SANGU vs COMMISSIONER GENERAL OF POLICE and THE BOARD OF SUITABILITY and CHIEF SUPERINTENDENT MBENGWA
Ruled By: MATHONSI J

Section 171(1)(b) of the Constitution provides that the High Court may only exercise appellate jurisdiction conferred to it by an Act of Parliament. See also section 30(1) of the High Court Act [Chapter 7:06].
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SC29-18 : RESERVE BANK OF ZIMBABWE vs T. LLOYD MUFUDZI and RICHARD USEYA and NYASHA CHIKAZAZA and WARAIDZO TANDI
Ruled By: GOWORA JA, BHUNU JA and ZIYAMBI AJA

In terms of the Labour Act [Chapter 28:01] an appeal on a point of law only, lay, with leave, to the Supreme Court. Any application for leave was to be made within 30 days of the date of the judgment. See Labour Court Rules 2006, Rule 36….,.
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HH260-14 : UZ – UCSF COLLABORATIVE RESEARCH PROGRAMME vs ISDORE HUSAIWEVHU and WALTER MUTOWO and FUNGAI ZINYAMA and THE SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

It was true that what was pending at the Labour Court, at the time of the applicant's urgent chamber application before me, was merely an application for leave to appeal and not the appeal itself. However, given that there is no automatic right of appeal from a decision of the Labour Court to the Supreme Court, ...
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CC14-19 : GARIKAI KAMANGA vs PRINCE EDWARD SCHOOL – SDA
Ruled By: MALABA CJ and GARWE JCC and MAKARAU JCC

The Supreme Court concerns itself with the correctness or otherwise of the decision of the Labour Court…,. The position is clearly set out in the Labour Act [Chapter 28:01] as follows: “92F Appeals against decisions of Labour Court (1) An appeal on a question of law only shall lie to the Supreme Court from any decision of the ...
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HH311-18 : SERGEANT KHAUYEZA (F048677J) vs THE TRIAL OFFICER (Superintendent J. Mandizha) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP and CHAREWA J

Section 70(1)(m) of the Constitution provides that an accused person has the right “not to be tried for an offence in respect of an act or omission for which they have previously been pardoned or either acquitted or convicted on the merits;” Further, section 70(5) provides that; “(5) Any person who has been tried and convicted of an ...
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SC48-19 : JACOB BETHEL CORPORATION vs EMMANUEL CHIKUYA
Ruled By: MAKARAU JA, GOWORA JA and BERE JA

“This matter demonstrates the challenges which emerge from parties pursuing the same issue before different judges who may each be seized with different aspects of their appeals. The result is divergent judgments from the same court. Whereas CHIVIZHE J made a finding that bonus is payable at the discretion of the employee and is not an entitlement, ...
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SC67-19 : DANIEL CHINTENGO vs TREDCOR ZIMBABWE (PRIVATE) LIMITED t/a TRENTYRE ZIMBABWE
Ruled By: MALABA CJ, GUVAVA JA and BERE JA

The requirement for a litigant who is represented to file heads of argument is captured in Rule 26(1) of the Labour Court Rules, 2006 which states as follows: “(1) Where an applicant or appellant is to be represented by a legal practitioner or representative at the hearing of the application, appeal or review, the legal practitioner or ...
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SC40-20 : STUTTAFORDS REMOVALS (PRIVATE) LIMITED vs GODFREY NYAMAZUNZU
Ruled By: MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the Labour Court of Zimbabwe dated 14 July 2018 wherein an application for condonation for failure to file an application for leave to appeal in time was dismissed.Briefly, the background to this matter is as follows:The respondent was employed as an ...
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SC48-20 : EMMA KUNDISHORA vs ZIMBABWE RED CROSS SOCIETY
Ruled By: HLATSHAWO JA, MAKONI JA and BERE JA

This is an appeal against part of the judgment of the Labour Court setting aside an arbitral award in terms of which the respondent was ordered to pay the appellant the sum of US$17,500.THE BACKGROUNDThe appellant was employed by the respondent as a Secretary General. On 2 June 2012, the ...
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SC62-20 : THANDO NCUBE vs FIDELITY PRINTERS AND REFINERIES (PRIVATE) LIMITED
Ruled By: MAKARAU JA

This is an application for leave to appeal against a decision of the Labour Court, handed down on 27 October 2014, dismissing with costs, an appeal to that court against a decision of the respondent dismissing the appellant from employment.Leave to appeal was denied by the Labour Court on the ...
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HB147-18 : MARTIN JONGWE vs NATIONAL FOODS LTD and LABOUR COURT (BULAWAYO - HON KABASA)
Ruled By: MATHONSI J

In terms of section 98(10) of the Labour Act [Chapter 28:01]:“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
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SC35-12 : CANESIUS CHIPANGURA vs ENVIRONMENTAL MANAGEMENT AGENCY
Ruled By: OMERJEE AJA

This is an application for leave to appeal. The background relevant to the determination of this matter is as follows:The applicant was employed by the respondent as Finance and Administration Manager. He was the head of the Finance Department. On 21 October 2009, the applicant was suspended from duty following ...
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SC73-17 : TENDAYI TAMANIKWA and FRANK TINARWO vs ZIMBABWE MANPOWER DEVELOPMENT FUND and EMMERSON PAMIRE
Ruled By: GWAUNZA JA, BHUNU JA and UCHENA JA

This is an appeal coupled with a cross-appeal against the judgment of the Labour Court.Both appellants, in the main appeal, and the respondent in the cross appeal, Emmerson Pamire, were employed by the respondent. Following leakages of confidential information at the work place, the respondent ordered them to sign declaration ...
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SC08-11 : ERIC FILON vs PUBLIC SERVICE COMMISSION and THE SECRETARY FOR WATER RESOURCES
Ruled By: CHIDYAUSIKU CJ

In Chambers: The legal point raised in this application is:Who should grant or refuse leave to appeal in terms of section 92F of the Labour Act [Chapter 28:01] in circumstances where the presiding President is unavailable? The relevant section provides:"92F Appeals against decisions of Labour Court(1) An appeal on a ...
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HH76-11 : SIBANGALIZWE DHLODHLO vs DEPUTY SHERIFF FOR MARONDERA and SHERIFF FOR ZIMBABWE and KANTOR & IMMERMAN and WATERSHED COLLEGE
Ruled By: GOWORA J

It is trite that a litigant who is dissatisfied with a judgment or decision may appeal against that judgment or decision.Appeals under the Labour Act are governed by that Act. Section 92D of the Labour Act provides:"A person who is aggrieved by a determination made under an employment code, may, ...
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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 ...