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Judgment No. SC 35/18
Civil Appeal No. SC 519/17
DISTRIBUTABLE (25)
ZESA
HOLDINGS
ZESA
(PRIVATE) LIMITED
v
MANAGERS ASSOCIATION
SUPREME COURT OF ZIMBABWE
GARWE JA, GOWORA JA & PATEL JA
HARARE, 24 OCTOBER 2017 & 19 JUNE 2018
A. K. Maguchu, for the appellant
T. Magwaliba, for the respondent
PATEL JA:
This is an appeal against part of the judgment of the
Labour Court wherein the appellant was partially successful. In particular, the appellant
challenges those parts of the judgment relating to the payment of school fees and fuel
allowances and the allocation of personal issue motor vehicles to certain members of the
respondent association.
The appellant is the holding company of various state owned entities engaged
in the importation, generation and distribution of electricity in Zimbabwe. The respondent
represents, inter alios, managers of grades D3 and D4 employed by the appellant and its
subsidiaries. The dispute between the parties relates to the managers’ claims for various
allowances and benefits payable by the appellant. The matter was referred to an arbitrator
who found in favour of the respondent in respect of all the managers’ claims. On appeal
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