” This line of argument is defective and unsustainable at law, because the Urban Councils Act is subservient to the Labour Act. In terms of s 2A of the Labour Act, the Legislator has decreed it to prevail over any … Read the rest
Category: 2018 Case Law Review
ZIMBABWE ASSEMBLIES OF GOD AFRICA (ZAOGA) v KASIKAI MASHONGANYIKA SC 43/18
Drum City (Private) Limited v Brenda Garudzo (SC 937/17)
St. Giles Medical Rehabilitation Centre v Patsanza (SC 59/18)
“This provision is clear and requires no interpretation. It seems to me that the provision provides that where an employer decides to include a probationary period in the contract of employment then that period is not renewable. The court a … Read the rest...
Verukai Emilton N/O v TM Supermarket (Pvt) Ltd and Itai Nkomo and Thembinkosi Nyathi LC/MT/37/18
“I feel compelled to respectfully state that Act 5 of 2015 was a knee jerk reaction to the aftermath of the Zuva judgment and so not much thought was put into the drafting of the amendment resulting in poor draftsmanship … Read the rest...
Mike Chiruma v Delta Bevarages LC/MT/74/18
“I do not intend to consider whether the principles applicable in quantification of damages in lieu of reinstatement can be imported to the compensation for loss of employment provided for in S12 C (2) of the Act, a point which … Read the rest...
Muparaguda v Commercial Workers Union of Zimbabwe (SC 55/18)
“There having been no irregularity in the manner in which he uplifted the suspension, the upliftment of the suspension was perfectly lawful and binding. An employer who elects to pay an employee during the course of disciplinary proceedings voluntarily assumes … Read the rest...
Alpha Madzima v Marange Resources (Private) Limited SC12/18
“It is settled in our law that an appellate court must be slow in interfering with the discretion exercised by a lower court. It must appear that some error has been made in exercising the discretion. If the primary court … Read the rest...