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Employment Contract re: Transfer or Secondment of Employees, Variation of Conditions of Service & Disguised Retrenchments

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 ...
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HH111-08 : RAILWAY ARTISANS UNION and RAILWAY ASSOCIATION OF YARD OPERATING STAFF and ANOR vs RAILMED and NATIONAL RAILWAYS OF ZIMBABWE and RAILWAYS EMPLOYMENT COUNCIL
Ruled By: GOWORA J

This matter was initially placed before me under a certificate of urgency. As the final and interim relief sought on the provisional order were the same, I wrote an endorsement on the face of the application querying the manner in which the relief had been framed.The letter of explanation was ...
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SC25-15 : GWERU WATER WORKERS' COMMITTEE vs CITY OF GWERU
Ruled By: MALABA DCJ, GARWE JA and HLATSHWAYO JA

At the end of the hearing, the Court dismissed the appeal with costs having determined that it was without merit. It was indicated that the reasons would follow in due course. These are they.The appeal is from the decision of the Labour Court holding that the appellant had no locus standi ...
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SC47-15 : RAINBOW TOURISM GROUP vs RICHARD NKOMO
Ruled By: ZIYAMBI JA GARWE JA and HLATSHWAYO JA

This is an appeal against a judgment of the Labour Court which upheld an arbitration award made in favour of the respondent. It is necessary to set out the background facts in some detail. In or about December 2010, the Chief Executive of the appellant was looking for an “international GM at Rainbow Towers ...
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HB17-10 : NQOBANI SITHOLE vs SENIOR ASSISTANT COMMISSIONER – OFFICER COMMANDING POLICE – MAT. SOUTH PROVINCE – N. SIBANDA and COMMISSIONER GENERAL and THE MINISTER OF HOME AFFAIRS
Ruled By: NDOU J

The applicant approached this court, under a certificate of urgency, seeking a provisional order in the following terms-“Interim Relief granted1. That the transfer of applicant to Murewa be suspended until this application is finalized.2. That if applicant is already in Murewa he be returned to Beitbridge until the application is finalized.Final Order1. That the transfer of applicant to Murewa ...
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HB39-13 : KARREN DUBE vs LUPANE STATE UNIVERSITY and MCLEAN BHALA
Ruled By: CHEDA AJ

The applicant was appointed by the first respondent, initially as a lecturer, then later as a Dean of Studies in the same institution. While she was in occupation of this position, on the 12th day of December 2012, she received a letter from the second respondent, who is Acting Vice-Chancellor of the first respondent, advising her ...
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HB106-14 : MIRIRAI SHUMBA vs MINISTER OF JUSTICE AND LEGAL AFFAIRS and THE DIRECTOR OF PUBLIC PROSECUTIONS and THE ATTORNEY GENERAL'S OFFICE CIVIL DIVISION
Ruled By: MOYO J

The applicant filed an application in terms of section 3 of the Administrative Justice Act [Chapter 10:28]. In this application, the applicant seeks an order in the following manner:- i) An order setting aside the decision of the respondent to transfer the applicant without giving him an opportunity to be heard. ii) An order setting aside the decision ...
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SC68-14 : DANIEL MUDENDA vs LION MATCH LIMITED
Ruled By: MALABA DCJ

The appeal intended to be made to the Supreme Court should leave be granted would have no prospects of success. The application is without merit. The facts show that the applicant agreed with the respondent that a new contract of employment be entered into taking into account changes brought about by the dollarization of the ...
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SC70-14 : DOREEN SAGANDIRA vs MAKONI RURAL DISTRICT COUNCIL
Ruled By: MALABA DCJ, GARWE JA and OMERJEE AJA

In order to appreciate the issues that fall for determination in this appeal, it is necessary to set out in some detail the background giving rise to the present proceedings. The appellant was employed by the Makoni Rural District Council, (“the respondent”). She was stationed at the council offices in Rusape. She was married and ...