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Discipline re: Disciplinary Hearings iro Conduct Inconsistent With Express & Implied Conditions of Employment Contract

SC26-12 : CHIKOMBA RURAL DISTRICT COUNCIL vs HERBERT PASIPANODYA
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

This is an appeal against the decision of the Labour Court setting aside the suspension and dismissal from employment of the respondent by the appellant and re-instating the respondent to his former position without loss of salary and benefits.
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SC05-12 : MASHONALAND TURF CLUB vs GEORGE MUTANGADURA
Ruled By: ZIYAMBI JA, GARWE JA and GOWORA AJA

This is an appeal against the judgment of the Labour Court in which it upheld an award by an arbitrator dismissing the appellant's appeal. The arbitrator substituted a penalty of a final warning in place of an order of dismissal made by the appellant. It is common cause that the respondent, a managerial employee employed by the ...
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SC06-12 : INNSCOR AFRICA (PVT) LTD vs LETRON CHIMOTO
Ruled By: MALABA DCJ, GARWE JA and OMERJEE AJA

This is an appeal against the judgment of the Labour Court setting aside the decision of the arbitrator by which she confirmed the dismissal of the respondent from employment following a conviction for misconduct. The respondent was convicted of conduct inconsistent with the fulfilment of the express or implied terms or conditions of his contract of employment contrary ...
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SC12-12 : ANDREW MACHAYA vs FARM AND CITY CENTRE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

This is an appeal against the judgment of the Labour Court in which the Court allowed an appeal against an award made by an arbitrator, set aside the award and directed that the matter be set down for quantification before the Court. The background relevant to the determination of this matter is as follows. The respondent was ...
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SC23-09 : ZIMPOST (PRIVATE) LIMITED vs COMMUNICATIONS AND ALLIED WORKERS' UNION
Ruled By: CHEDA JA, ZIYAMBI JA and MALABA JA

This is an appeal from a judgment of the Labour Court upholding a decision of an arbitrator setting aside the dismissal of the appellant's employees who had been found guilty of an act or conduct inconsistent with the fulfilment of express or implied conditions of contracts of employment in that ...
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SC23-12 : MIMOSA MINING COMPANY vs STANLEY SAMUKANGE
Ruled By: MALABA DCJ, GOWORA JA and OMERJEE AJA

This is an appeal against the decision of the Labour Court reversing the dismissal of the respondent from employment for gross negligence.
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SC02-13 : SPECISS COLLEGE vs MAXWELL CHIRISERI and EMMANUEAL CHIDODO and ALLEN MUSEVENZI
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

This is an appeal against a judgment of the Labour Court setting aside the dismissal of the respondents' and reinstating them to their former positions in the employ of the appellant.
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SC16-13 : FREDA REBECCA GOLD MINE HOLDINGS LIMITED vs M NHLIZIYO and 180 ORS
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

This is an appeal against a judgment of the Labour Court. The point of law to be determined is whether the Minister's decision, in terms of section 12C(9) of the Labour Act [Chapter 28:01], constitutes a termination of the employment contracts of the affected employees.
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SC21-13 : AUGUSTINE M. TIRIVANGANA vs THE UNIVERSITY OF ZIMBABWE
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

This is an appeal against the judgment of the Labour Court upholding an appeal against an arbitral award. The background to the appeal is as follows. The appellant was employed by the University of Zimbabwe (“the University”) as a full time lecturer in the department of Rural and Urban Planning. It is common cause that sometime ...