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Workers Committee, Trade Unions, Union Membership, Legal Representation and Obligations of Workers Representatives

SC88-05 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs CAUTION NHARARA
Ruled By: CHEDA JA, MALABA JA and GWAUNZA JA

In a judgment, No.LRT/H/238/2002, dated 26 September 2002, the Labour Relations Tribunal (now the Labour Court) made an order for the reinstatement of the respondent to his employment by the appellant. Part of the order read:“In the event that reinstatement is no longer an option, the respondent be and is ...
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SC16-12 : CT BOLTS (PVT) LTD vs WORKERS COMMITTEE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

Section 23(1) of the Labour Act [Chapter 28:01] provides that employees employed by any one employer may appoint, or elect, a workers committee to represent their interests. On the functions of the workers committee, section 24 of the Labour Act [Chapter 28:01] provides, in subsection (1) as follows:“(1) A workers committee shall –(a) Subject to this ...
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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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SC51-16 : ZESA TECHNICAL EMPLOYEES ASSOCIATION vs ZESA HOLDINGS (PRIVATE) LIMITED
Ruled By: MALABA DCJ

In Chambers in terms of Rule 6 of the Supreme Court (Miscellaneous Appeals and References) Rules, 1975. It is opposed.The parties concluded a Collective Bargaining Agreement but did not register it. The respondent proceeded to pay salary and benefits to all managerial employees as provided for in the Collective Bargaining Agreement ...
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SC42-17 : ZIMBABWE UNITED PASSENGERS COMPANY (ZUPCO) vs ONSON MASHINGA
Ruled By: ZIYAMBI JA, HLATSHWAYO JA, and UCHENA JA

The appellant was the respondent's employer. The respondent was, over and above being the appellant's Stores Clerk, the Harare Depot Chairman and National Chairman of the appellant's Workers' Committee. Below him, in the Workers' Committee, was the Chairman of Khami Depot Workers' Committee as well as the Harare Workers' Committee which he chaired. Issues ...
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HH08-15 : JOHN MAKARUDZE and MAXWELL MUNONDO vs COSMOS BUNGU and THE EXECUTIVE COMMITTEE, HARARE MUNICIPAL WORKERS' UNION and THE HARARE MUNICIPAL WORKERS' UNION
Ruled By: MAFUSIRE J

The Constitution for the third defendant, Harare Municipal Workers Union (hereafter referred to as “the Union”), was registered with the then Industrial Registrar in 1962. It listed eleven objects. The first of these was to regulate the relations between members and their employers, and to protect and further the interests of members in relation to ...
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SC43-18 : ZIMBABWE ASSEMBLIES OF GOD AFRICA (ZAOGA) vs KASIKAI MASHONGANYIKA
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

Section 92 of the Labour Act [Chapter 28:01] (“the Act”) provides as follows: “A party to a matter before the Labour Court may appear in person or be represented by: (a) A legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07]; (b) An official or employee of a registered trade union or employer's organization of which the party is a ...
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HB151-16 : CHRISTOPER MABHUNU vs THE COMMISSIONER GENERAL OF POLICE
Ruled By: MAKONESE J

Under section 69(4) of the Constitution of Zimbabwe Amendment (No.20) 2013, the applicant's right to a fair hearing is asserted in the following terms: “Every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum.” The question of legal representation was considered in the following cases:- Dladla ...
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HH430-12 : ZIMSEC EMPLOYEES vs ZIMSEC
Ruled By: KUDYA J

This matter raises issues that have been canvassed in such cases as Benson Samudzimu v Dairibord Holdings (Pvt) Ltd HH204-10; Sibangilizwe Dhlodhlo v Deputy Sheriff of Marondera Ors HH76-11; Ericson Mvududu v Agricultural and Development Authority HH286-11; and Gaylord Baudi v Kenmark Builders (Pvt) Ltd HH04-12.In the present ...
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SC21-20 : ZB BANK LIMITED vs TIRIVANHU MARIMO
Ruled By: GWAUNZA DCJ, PATEL JA and BHUNU JA

This is an appeal against the whole judgment of the Labour Court, which upheld the decision of the Appeals Board of the National Employment Council Banking ("NEC") to the effect that the charge preferred against the respondent was inappropriate and that he had been unfairly dismissed.FACTUAL BACKGROUNDThe respondent was employed ...
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SC35-15 : ELIAS CHIDEMBO vs BINDURA NICKEL CORPORATION LIMITED
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

This is an appeal against the decision of the Labour Court which upheld the dismissal of the appellant from his employment with the respondent.The factual circumstances of this matter are common cause.The appellant was in the employ of Bindura Nickel Corporation Limited and served as a workers' committee chairman. He ...
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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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SC46-17 : ANDREW MAGARASADZA and 34 OTHERS vs FREDA REBECCA GOLD MINE HOLDINGS LTD t/a FREDA REBECCA GOLD MINE and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE
Ruled By: MAVANGIRA JA

In chambers in terms of Rule 5 of the Rules of the Supreme Court, 1964.For the sake of completeness, the following observation is noted:Despite being served with all the relevant papers, the second respondent did not file any papers in response to this application. It was therefore barred. It also ...
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HH688-14 : GERALD CHIWESHE and SAMEER KHAN and BRUCE THOMAS vs AIR ZIMBABWE HOLDINGS (PVT) LTD
Ruled By: MTSHIYA J

The fact that the Zimbabwe Flight Crew Association (the Association) might have influenced the salaries of its members does not necessarily make them a party to the individual employment contracts between the defendant and the association's members or the plaintiffs.
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SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

On 26 January 2017, this Court, in SC01-17, adjudicating over the parties' dispute, remitted the matter to the Labour Court (the court a quo) for a determination of the following issues:“To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010, and the minutes ...
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SC107-21 : METALLON GOLD ZIMBABWE (PVT) LTD and OTHERS vs SHATIRWA INVESTMENTS (PVT) LTD and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE and MASTER OF THE HIGH COURT and REGISTRAR OF COMPANIES
Ruled By: MALABA CJ, BHUNU JA and CHIWESHE AJA

This is an appeal against the decision of the High Court (“the court a quo”) which placed the first (Metallon Gold Zimbabwe (Pvt) Ltd), the second (Goldfields of Shamva (Pvt) Ltd) and the third (Goldfields of Mazowe (Pvt) Ltd) appellants under corporate rescue proceedings in terms of section 124(1)(a) of ...
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CC08-21 : ZIMBABWE BANKS AND WORKERS UNION and TIRIVANHU MARIMO vs MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE SHERIFF OF ZIMBABWE and ZB BANK LIMITED
Ruled By: GARWE AJCC, GOWORA AJCC and HLATSHWAYO AJCC

This is an application for direct access to the Constitutional Court made in terms of section 167(5) of the Constitution as read with Rule 21 of the Constitutional Court Rules 2016 (“the Rules”).The applicants intend to approach the Constitutional Court in terms of section 85(1) of the Constitution, seeking an ...
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HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

Applicants 1 to 10 (Berrington Zvanyanya, Samuel Jinjika, Nyararai Dembo, Madhuvura Emmanuel, Madzuro Stiriki, Lovemore Muteurwa, Vengai Masungwini, Ngonidzashe Mabina Mudambanuki, Joe Gasva and Masacha Tapiwa) are one faction of a trade union.Respondents 2 to 6 (Godfrey Katerere, Brawl Chikandiwa, Tavanga Vandirai, Lucia Chirilele and Nokhutula Dube) are the ...
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HMA47-19 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and OTHERS
Ruled By: WAMAMBO J

The applicants filed an Urgent Chamber Application on 26 September 2019. The first to seventh respondents (Zimbabwe Sugar Milling Industry Workers Union, Godfrey Katerere, Brawl Chikandiwa, Tavonga Vandirai, Lucia Chirilele, Nokhutula Dube and Faster Gono) filed opposing papers on the date of the hearing.The 8th to 14th respondents (Berrington Zvanyanya, ...
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