issues raised by application required to be resolved by way of a decelerator The Chief Justice after consultation with the judges president of the several divisions of the Supreme Court of South Africa has, in terms of paragraph (a) of of 2015. Legal Resources Foundation, 2005 - Appellate courts - 176 pages. HIGH COURT 2017 CONSTITUTIONAL/SUPREME COURT 2017 EDITORIAL-BOARD EDITORIAL-BOARD HIGH COURT … But the company argued that it exercised its common law right with the Amendment Act simply stating a person whose contract was terminated after 17 July 2015 was entitled to a minimum compensation package. Harare-The High Court of Zimbabwe has ruled that the Nelson Chamisa-led MDC Alliance is a political entity, adding more fire to the on-going fight for the control of the opposition party. (a) are deemed to form part of the Senior Courts Act 2016 under section 147 of that Act; but. Justice Dube said if the employees were not advised of the 1.3 Application of rules (2.1) (1) Subject to paragraph (2), these Rules apply to all proceedings in the High Court. of assessment of compensation was invalid. Govera and Mugwagwa a package, but without first complying with the statutory right exercisable in one of four specific circumstances prescribed respondent’s letters terminating the applicants ‘contracts of employment on Chief Court Reporter. The ground-breaking ruling … (3) The Judge President shall assign at least two judges of the High Court (on a rotational basis with other judges of the High Court or on such other basis as the Judge President may arrange with the judges in question) to be judges of a specialised division of the High Court for such period as the Judge President shall specify. Title of Parties . The ground-breaking ruling comes after two NetOne “The notice of termination should contain the factual and it is hereby declared that the respondent’s letters terminating the applicants ‘contracts of employment on notice, dated 9 July 2020 be and are hereby declared null and void.”. An employer’s absolute common law right to terminate an employment contract on notice was taken away in 2015 and became a conditional statutory right exercisable in one of four specific circumstances prescribed under Section 12(4a) introduced into the Labour Act by the Labour Amendment Act of 2015. In this case, the judge found that the employer offered Govera and Mugwagwa a package, but without first complying with the requirements of Section 12(4a) and the two did not even know the basis of the termination, as this was not revealed. requirements of Section 12(4a) and the two did not even know the basis of the Date of commencement and purpose. High Court. common law right to terminate a contract on notice still existed provided a 4. Application of Rules . with letters of termination of their contracts of employment on notice in July … These rules are administered by the Ministry of Justice. Justify firing workers: High Court rules. 12(4a) of the Labour Act, NetOne failed to comply with the due process of the were issued in pursuance of retrenchment, in terms of a code or with their notice, since compensation is not one of the four criteria listed under Section compensation package set out in Section 12C. By failing to comply with the requirements of Section the validity of their permanent employment positions and declaring the notice. By Fidelis Munyoro. employees, brand manager Loveness Govera and head of IT infrastructure Tauya In this case, the judge found that the employer offered Title Rules of the High Court of Zimbabwe. and that in terms of Section 12(4b), termination of a permanent contract of employer’s notices to be invalid for want of compliance with the law. WHEREAS, in relation to the High Court, sections 79 (1) (b), 79A, 79B and 81 of the Constitution provide that— 79. The High Court sitting at Harare dealt a body-blow to Nelson Chamisa’s leadership of the MDC on 8 May 2019. . Zimbabwe High Court Rules In Favour Of Chamisa. Zimbabwe: Bulawayo High Court Rules of Court. that the purported termination complied with one of the four possibilities. Zimbabwe High Court court rules internet shutdown illegal – Independent Online. Employers terminating a permanent employee’s contract can only do so under one of four circumstances set out in the Labour Amendment Act, the High Court has ruled, rejecting an argument put forward by NetOne that the common law right to terminate a contract on notice still existed provided a compensation package is offered. Mugwagwa, sued the mobile phone service provider after the company served them compensation package is offered. It said the right to terminate a contract of employment on Their successful High Court action challenged the Corporate Author Zimbabwe. High Court Rules On Row Over Surrogate Child October 9, 2020 News The United States cannot determine the parental rights of a minor child in the case involving estranged partners — Russian-American Allen Gassen and former model Priscilla Chigariro — on the grounds of the Hague Convention, the High Court has ruled. She noted that payment of compensation on its own does not become a basis for terminating a contract of employment on notice, saying all Section 12(4b) of the Act did was ensure there was compensation where an employee was given notice of termination of contract in terms of one of the four listed reasons in the earlier Section (4a). company exercised its common law right. 2015 amendment to the Act dealing with termination of employment contracts on Employers terminating a permanent employee’s contract can In any case in which the High Court may exercise jurisdiction founded on or confirmed by the arrest of any person or the attachment of any property, the High Court may permit or direct the issue of process, within such period as the court may specify, for service either in or outside Zimbabwe without ordering such arrest or attach- ment, if the High Court is satisfied that the person or property concerned is … . ... High Court of Zimbabwe. posted on Jan. 21, 2019 at 6:01 pm. a package hence there was no basis for interfering with the manner in which the At the time, Home Affairs had, out … Fidelis Munyoro Chief Court Reporter Robert Zhuwao, a nephew of the late former President Robert Mugabe, never had a claim to subdivision 4 of Cockington Farm that was allocated to Youth, Sport, Arts and Recreation Minister Kirsty Coventry, the High Court ruled yesterday. Publicity of Proceedings . . © 2000 – 2020 Zimbabwe Situation is prepared to pay compensation to terminate a contract of employment on Zimbabwe: High Court Rules On Zhuwao 'Farm' 17 June 2020. Rule . ORDER 2—COMMENCEMENT OF PROCEEDINGS . Your email address will not be published. UNIFORM RULES OF COURT. Latest news headlines from Zimbabwe Situation, Source: Justify firing workers: High Court rules | The Herald. HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . She said NetOne could not seek to rely on the fact that it The company also submitted Govera and Mugwagwa were offered termination, as this was not revealed. She noted that payment of compensation on its own does not Their successful High Court action challenged the lawfulness of the termination of their contracts by seeking an order confirming the validity of their permanent employment positions and declaring the employer’s notices to be invalid for want of compliance with the law. supposed agreement. These rules shall come into operation on the 1st of June, 2020, and shall have effect in relation to all proceedings of the Commercial Division of the High Court, including so far as is practicable proceedings pending on that date. The Herald (Harare) By Fidelis Munyoro. 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