Supreme Court of Zimbabwe - 2017 June

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3 judgments

Citation	Judgment date
June 2017
ZUPCO v Mashinga (Civil Appeal SC 491 of 2015; SC 42 of 2017) [2017] ZWSC 42 (29 June 2017) A workers’ committee chairperson may lawfully engage lawyers on behalf of employees; such representation does not per se constitute misconduct. Labour law – workers’ committee representation – s24(1)(a) Labour Act; disciplinary law – misconduct and scope of Code of Conduct (S.I.67/2012); right to legal representation – s69(4) Constitution; internal grievance procedures vs. lawful collective representation.	29 June 2017
Muyaka v BAK Logistics (Pvt) Ltd. (Civil Appeal 119 of 2016; SC 39 of 2017) [2017] ZWSC 39 (22 June 2017) Appellant’s dismissal for gross inefficiency upheld; arbitrator exceeded remit and penalty was not grossly unreasonable. Labour law — unfair dismissal — gross inefficiency v gross incompetence — standard of review of arbitrator/Labour Court (outrageous/unreasonable) — s12B(4) mitigation and employer’s discretion on penalty.	22 June 2017
TELCO v J&J Transport (Civil Appeal SC 316 of 2015; SC 41 of 2017) [2017] ZWSC 41 (22 June 2017) No valid contract where parties disagreed on 5 megabytes versus 5 megabits; appeal dismissed with costs. Contract formation — consensus ad idem — megabytes (MB) v megabits (Mb) — objective test for assent — unilateral mistake — contract void ab initio.	22 June 2017