Supreme Court of Zimbabwe - 2005 November

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3 judgments

Citation	Judgment date
November 2005
Interfresh Ltd. v Dzapata (Civil Appeal 274 of 2004; SC 58 of 2005) [2005] ZWSC 58 (20 November 2005) Dismissal was unlawful where employee was convicted of an offence not charged; late time-bar point properly refused. Labour law — disciplinary proceedings — conviction for offence not charged — irregular trial and unfair dismissal; procedural fairness — belated raising of time-bar point; reinstatement and costs.	20 November 2005
Mudzi Rural District Council v Makwembere (Civil Appeal 223 of 2004; SC 90 of 2005) [2005] ZWSC 90 (14 November 2005) The appellant’s failure to appeal in time and to seek condonation rendered subsequent arbitration proceedings null, validating reinstatement. Labour relations — Jurisdiction of labour relations officer; appeal period to senior labour relations officer (14 days); condonation for late appeal; nullity of unauthorized arbitration proceedings; s 93 of Labour Relations Act repealed/substituted; reinstatement.	14 November 2005
Mangosho and Another v Kahari and Others (Civil Application 302 of 2005; SC 62 of 2005) [2005] ZWSC 62 (8 November 2005) Condonation refused for unexplained delay, non-compliance with Rule 34, and failure to show prospects of success. Civil procedure – condonation for late noting of appeal – explanation for delay – compliance with Supreme Court Rules r 34 – record preparation and payment – appeal lapsed under r 34(5) – prospects of success.	8 November 2005