Category: 2020 Case Law Review

Monterey Estate (Private) Limited v Kenny Broxham SC 49 – 16

Repeatedly the Supreme Court has urged the lower courts to substantiate the quantum of damages with the evidence presented by the parties

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Repeatedly the Supreme Court has urged the lower courts to substantiate the quantum of damages with the evidence presented by the parties

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COMMENTARY ON CERTAIN ASPECTS PROVIDED UNDER THE LABOUR AMENDMENT BILL, 2021

Cephas Mavhondo & Taurai Mrewa

Executive Summary

Various amendments to the Labour Act (Chapter 28:01) hereinafter called “the Act”,  are being crafted and the relevant Bill was approved by the Cabinet.[1] We took the opportunity to go through the … Read the rest

Deduction from Wages/Salaries Upon Failure by an Employee to Serve a Notice Period

One recurring situation in labour relations is where an employee resigns and decides to leave employment without honouring or giving the employer the requisite notice. Without the consent of the employee in question, some employers simply proceed to deduct the … Read the rest

One recurring situation in labour relations is where an employee resigns and decides to leave employment without honouring or giving the employer the requisite notice. Without the consent of the employee in question, some employers simply proceed to deduct the notice from such an employees terminal benefits. Indeed, some contracts of employment and Collective Bargaining Agreements empower the employer to make such deductions if the employee decides to leave without serving the employer the obligatory notice. In this section, we explore, the legality of such deductions. We also give an overview of how this area of law is handled in other countries. Lastly, we look at the remedies available to an employer faced with such a predicament.

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ISOQUANT INVESTMENTS PRIVATE LIMITED T/A ZIMOCO v MEMORY DARIKWA (CCZ 6/20)

“The analysis shows that there is a difference in the legal treatment of a party who has already obtained a final decision on a claim and one who has obtained “a draft ruling” in terms of s 93(5)(c) of the … Read the rest

HWANGE COLLIERY COMPANY LIMITED V BENSON NDLOVU AND ANDREW NDLOVU (SC46/20)

“What all the authorities point to is that the discretion of the employer must be respected. It is not just a question of the appellate court, in the comfort of its chambers or courtroom, deciding to substitute its own discretion … Read the rest

ALBERT JAVANGWE v VORTIGEN IVESTMENTS PRIVATE LIMITED T/A CPL (SC 49/20)

“There was, therefore, no need for the re-registration of the respondent’s code. The respondent correctly used its code in disciplining the appellant. The appellant was therefore charged and dismissed in terms of the correct code of conduct.”

Category: Re-registration of … Read the rest

TAFADZWA M SAKAROMBE AND WONDER SIMUKA v MONTANA CARSWELL MEATS PRIVATE LIMITED (SC 44/20)

“In my view, the principle emerging from all the authorities referred to above can be summarized by the statement to the effect that a labour officer does not have any jurisdiction under s 93 to entertain a matter once a … Read the rest

EMMA KUNDISHORA v ZIMBABWE RED CROSS SOCIETY (SC 48/20)

“The Honorary Treasurer acknowledged that he had no authority to do so and took “full responsibility” of the mistake. Once the statement was duly retracted, its validity and enforceability necessarily fell away. The communication made by the Honorary Treasurer could … Read the rest

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