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Final Orders re: Nature, Amendment, Variation, Rescission and the Final and Conclusive Rule iro Labour Court Judgments

SC51-13 : STELLA NHARI vs ZIMBABWE ALLIED BANKING GROUP
Ruled By: CHIDYAUSIKU CJ, GARWE JA and OMERJEE AJA

This is an appeal against a judgment of the Labour Court dismissing with costs an application for the review of the decision of the respondent to dismiss the appellant from employment. The facts of this case are these. The appellant was employed by the Zimbabwe Allied Banking Group (“the respondent Bank”) as Head of the ...
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HB09-14 : ZIMPAPERS GROUP OF COMPANIES T/A THE CHRONICLE NEWSPAPERS vs MILIDZI KHUPHE and THE HONOURABLE M. MOYO-MATSHANGA
Ruled By: MOYO J

Section 92C of the Labour Act [Chapter 20:01] provides for the rescission or alteration by the Labour court of its own decisions. In section 92C(1) of the Labour Act [Chapter 20:01] it provides that:- “Subject to this section, the Labour court may, on application, rescind or vary any determination or order - a) Which it made in ...
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HH151-15 : CMED (PRIVATE) LIMITED vs KENNETH MAPHOSA and SHERIFF OF ZIMBABWE N.O. and ZIMBABWE REVENUE AUTHORITY
Ruled By: CHIGUMBA J

The applicant could make a case for the Labour Court to re-visit its award and vary it, in terms of section 92C(1)(b) of the Labour Act, on the basis that it was obtained by a mistake common to both parties….,. It is important to note that the provisions of section 92C must be invoked on notice to all ...
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HH164-15 : JOSEPH NDUNA vs PROTON BAKERIES
Ruled By: MTSHIYA J

Arbitrators and the Labour Court have no enforcement mechanisms of their awards/orders and hence the need to register same as orders of either the Magistrate Court or High Court. This is purely for purposes of enforcement. It is only when the award has been so registered that the beneficiary can then enforce it - if ...
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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

Section 92B(3) of the Labour Act entitles a party to whom a decision, order or determination by the Labour Court relates, to register it for enforcement purposes with either the Magistrate's Court or the High Court, depending on the jurisdictional limits. The state of the law on this aspect is obviously unsatisfactory in that, among other things, ...
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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

Counsel for the respondents submitted that in terms of Rule 34 of the Labour Court Rules, S.I.59 of 2006, the Labour Court or a President sitting in chambers may, on application, order a stay of execution of a decision, order or determination that has been registered in terms of section 92B(3) of the Labour Act....,. Rule 34 ...
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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

This matter came before me as an urgent application.After having sight of the opposing papers filed by the respondents, I concluded that the matter was not urgent, and, by agreement of the parties, it was enrolled on my roll of opposed matters as all parties had filed all the necessary ...
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