Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Arbitration re: Conciliation, Disputes of Interest and Right & Confirmation and Registration of Labour Officer Rulings

SC30-08 : DANAI GURUVA vs TRAFFIC SAFETY COUNCIL OF ZIMBABWE
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

The appellant is employed by the Traffic Safety Council of Zimbabwe as a Regional Manager. He was based at their Gweru office from where he was transferred to the Masvingo office.The dispute which led to this case arose from his lateral transfer from Gweru to Masvingo.On 14 November 2003, the ...
More

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 ...
More

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 ...
More

SC200-97 : MUWENGA vs PTC
Ruled By: GUBBAY CJ, KORSAH JA and MUCECHETERE JA

This is an appeal against the decision of the Labour Relations Tribunal, brought under section 92(2) of the Labour Relations Act [Chapter 28:01] ("the Act"), in which it was held, that, the omission of the respondent ("the PTC") to promote the appellant to the post of superintendent did not amount ...
More

SC46-15 : NATIONAL RAILWAYS OF ZIMBABWE vs ZIMBABWE RAILWAYS ARTISANS UNION AND OTHERS
Ruled By: ZIYAMBI JA, GWAUNZA JA and GUVAVA JA

This appeal, from the judgment of the Labour Court, raises the issue whether an Arbitrator can, in a compulsory arbitration, dictate the terms of a Collective Bargaining Agreement between the parties.Collective Bargaining Agreements are governed by Part X of the Labour Act [Chapter 28:01] (“the Act”). They are to be ...
More

SC10-17 : MEDICINES CONTROL AUTHORITY OF ZIMBABWE vs NATHAN TORONGA and NOZIPHO MATSHITSE and BELLINGTON MUDYAWABIKWA and KUMBIRAI KAJONGWE
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

This is an appeal against the whole judgment of the Labour Court of Zimbabwe, Harare, handed down on 11 of October 2011.The factual background of the matter is as follows:The respondents were employed by the appellant, Medicines Control Authority of Zimbabwe (“MCAZ”) in different clerical capacities and were also members of its Workers ...
More

HH71-15 : OK ZIMBABWE vs CLARIS MADZINGA
Ruled By: UCHENA J and MWAYERA J

The appellant lodged an appeal against the Magistrates Court decision wherein the court a quo registered an arbitral award. The appellant relied on the following grounds of appeal; 1. That the award was made in the absence of jurisdiction on the part of the arbitrator and that the dispute was therefore not capable of resolution through arbitration. 1.1 The provisions of the ...
More

View Appeal
HH626-14 : THE NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

Section 93(1) of the Labour Act [Chapter 28:01] stipulates that a labour officer, to whom a dispute or unfair labour practice has been referred, shall attempt to settle it through conciliation, or, if agreed by the parties, by reference to arbitration. If the labour officer fails to resolve the dispute by conciliation within thirty days, a Certificate ...
More

SC06-14 : ZIMASCO (PRIVATE) LIMITED vs MAYNARD MARIKANO
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

This is an appeal against the judgment of the Labour Court dismissing an application by the appellant to file supplementary heads of argument and setting aside the decision of the appellant to terminate the respondent's contract of employment with itself.The facts of this case are largely common cause and are ...
More

HH241-18 : CLOVER LEAF MOTORS GROUP (PRIVATE) LIMITED vs BUTHOLEZWE ZHOU and PATRICE SHAYAMANO
Ruled By: CHITAKUNYE J

In Zimbabwe Broadcasting Holdings v Gono 2010 (1) ZLR 8 (H)…, GOWORA J…, stated that:- “Our law is to the effect that once an employee has been suspended or dismissed from employment, any benefits extended to such employee from that relationship cease. In Chisipite Schools Trust (Pvt) Ltd v Clark 1992 (2) ZLR 324 (S) GUBBAY CJ stated:- 'Pending the removal ...
More

SC30-20 : GODFREY TAPEDZA AND ZIMBABWE ENERGY WORKERS UNION AND OTHERS vs ZIMBABWE ENERGY REGULATORY AUTHORITY AND NATIONAL EMPLOYMENT COUNCIL FOR THE ENERGY INDUSTRY
Ruled By: GWAUNZA JA, HLATSHWAYO JA and PATEL JA

The sole issue for determination in this case is whether the first respondent is an employer within the energy industry and is thereby bound by the Collective Bargaining Agreement: Zimbabwe Energy Industry, Statutory Instrument 50 of 2012, S.I.50/2012 (“the CBA”). The issue was placed before the Labour Court for determination ...
More

SC57-05 : FIRST BANKING CORPORATION LTD vs BALTHAZAR MARIMO
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

This is an appeal against a judgment of the Labour Court in terms of which that court quantified the amount of damages payable by the appellant (“the Bank”) to the respondent (“Marimo”), in lieu of reinstatement.The relevant factual background may be tabulated as follows:1. On 1 May 1997, Marimo joined ...
More

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

Referring to paragraph 42 of Stanley Nhari v Robert Gabriel Mugabe Ors SC61-20, counsel for the respondents submitted that the procedure for dealing with an unfair labour practice is to be found in section 93(5) of the Labour Act. Paragraph 42 provides:“The procedure for dealing with an unfair ...
More

View Appeal
SC161-20 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

The procedure for dealing with an unfair labour practice is to be found in section 93 of the Labour Act.The unfair labour practice is handled by a labour officer who attempts conciliation. The officer may, by consent of the parties, refer the matter to arbitration, or, that failing, proceed in ...
More

HH183-17 : ZB RETRENCHEES vs ZIMBABWE BROADCASTING HOLDINGS
Ruled By: MAKONI J

Dispute of right is defined in section (2) of the Labour Act [Chapter 28:01] as follows:“means any dispute involving legal rights and obligations occasioned by an actual or alleged unfair labour practice.”What constitutes an unfair labour practice is defined in section 8 of the Labour Act.“An employer…, commits an unfair ...
More

SC13-21 : MOSES MAWIRE vs RIO ZIM LIMITED (PRIVATE) LIMITED
Ruled By: GOWORA JA, PATEL JA and MAVANGIRA JA

After hearing the parties on 9 March 2018, the court was of the unanimous view that the appeal was devoid of any merit and accordingly ordered as follows:“The appeal be and is hereby dismissed with costs. Full reasons will be available in due course.”The following are the reasons:BACKGROUND FACTSThe appellant ...
More

SC27-21 : HONEST CHAPANGURA and OTHERS vs KWEKWE CITY COUNCIL and DELIWE MAKOTA
Ruled By: GWAUNZA DCJ, GUVAVA JA and UCHENA JA

This is an appeal against the whole judgment of the Labour Court handed down on 1 August 2019, dismissing an application for the confirmation of a draft ruling of a Lbour Officer (second respondent), to the effect that transfer of the employees (appellants) from Kwekwe Brewery to the first respondent ...
More

SC77-21 : TRIANGLE (PRIVATE) LIMITED vs FUNGAI MUTASA (NO) and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

This is an appeal against the judgment of the Labour Court confirming, with an amendment, a ruling by a Labour Officer that the appellant was guilty of an unfair labour practice and that the appellant pays to each of the respondents arrear compensation due to them for the period March ...
More

SC180-20 : AIR ZIMBABWE (PRIVATE) LIMITED vs J.V. MATEKO and ELIJAH CHIRIPASI and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

This is an appeal against confirmatory proceedings conducted by the Labour Court on 8 September 2017 in terms of section 93(5) of the Labour Act. At the end of the proceedings, the Labour Court made a number of alterations to the draft ruling issued by the Labour Officer.The Labour Court ...
More

CC06-20 : ISOQUANT INVESTMENTS (PRIVATE) LIMITED t/a ZIMOCO vs MEMORY DARIKWA
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and BHUNU JCC

Once a certificate of no settlement is issued to the parties to a dispute of right, or unfair labour practice involving a dispute of right, the matter cannot be referred to arbitration. It must be the subject of the adjudication process before the Labour Court....,.Only disputes of interest are referable ...
More

CC06-20 : ISOQUANT INVESTMENTS (PRIVATE) LIMITED t/a ZIMOCO vs MEMORY DARIKWA
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and BHUNU JCC

At the end of hearing argument for both parties, the Constitutional Court (“the Court”), with the consent of the parties, dismissed the application with each party bearing its own costs.It was indicated that reasons for the decision would follow in due course. These are they.This is a purported referral of ...
More

CC06-20 : ISOQUANT INVESTMENTS (PRIVATE) LIMITED t/a ZIMOCO vs MEMORY DARIKWA
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and BHUNU JCC

THE ROLE OF THE DESIGNATED AGENTAs indicated earlier, the National Employment Council for the Motor Industry requested the respondent to redress the dispute of non-payment of retrenchment packages.Section 62(1(a) of the Labour Act gives an employment council the power to settle disputes that have arisen or may arise between employers ...
More

Appealed
CC01-20 : WILLMORE MAKUMIRE vs MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, MAKONI JCC and BERE JCC

After hearing submissions by counsel in the application, the Court made the following order by consent:“IT IS ORDERED BY CONSENT THAT:1. The order of the court a quo, given in terms of section 175(1) of the Constitution, declaring section 93(5a) of the Labour Act [Chapter 28:01] to be in conflict ...
More

View Appeal
HMA06-19 : WILLMORE MAKUMIRE vs MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAFUSIRE J

This judgment is given in default of appearance by the respondents. I am much concerned by the conduct of the officials from the office of the Attorney General, the second respondent herein.This was an opposed application.The respondents, through the Attorney-General, filed a notice of opposition. The record indicates, that, the ...
More

SC57-18 : DRUM CITY (PRIVATE) LIMITED vs BRENDA GARUDZO
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAKONI JA

This is an appeal against the decision of the Labour Court confirming the draft ruling of the respondent, a labour officer. The ruling was in favour of the appellant's former employee, Ms Umarah Khan whose contract of employment was summarily terminated as from 15 April 2015 on allegations of certain ...