Peter Ngorima

University of Zimbabwe, Political Science, Graduate Student

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Peter Ngorima is an Independent Labour Consultant with over seven years experience in Conciliation/Mediation and Arbitration. He reseraches on Labour Relations issues and the legal landscape in Zimbabe.
Phone: +263 779243889
Address: Zimbabwe

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Wisdom Ukpong

Victor Obinna Chukwuma

University Of Lagos, Akoka, Nigeria

UNISA

Strathmore University

Hannah Cheadle

Marie I S A B E A U Campion

University College Dublin

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The principle of rei vindicatio as applied to the Zimbabwean Labour Relations system

What happens when an employee who has been dismissed refuses to return the property he/she used a... more What happens when an employee who has been dismissed refuses to return the property he/she used as part of the employement contract? Is there any remedy at common law for the employer? What about in instances where the employees disputes such dismissal and appeals against it? This article looks at the ongoing jurisdiction of the High Court in labour matters especially where the remedy is grounded in common law. The article traces two divergent views by the High Court of Zimbabwe on the issue of jurisdiction in labour matters where an employee appeals to the Labour Court. After much disagreement within the High Court the Supreme Court laid the final nail on the coffin by expalining circumstances where the jurisdiction of the High Court is not ousted in labour matters which have their remedies at common law. As the article will show, the rei vindicatio principle is a common law remedy not found in the Labour Act. Hence employers have the right to approach the High Court for redress in circumstances where an employee is in unlawful possession of company property.

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The principle of rei vindicatio as applied to the Zimbabwean Labour Relations system

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Peter Ngorima

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