HH 241-18 CLOVER LEAF MOTORS GROUP (PRIVATE) LIMITED versus BUTHOLEZWE ZHOU and PATRICE SHAYAMANO

CLOVER LEAF MOTORS GROUP (PRIVATE) LIMITED

versus

BUTHOLEZWE ZHOU

and

PATRICE SHAYAMANO

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE 11 October 2017 & 10 May 2018

 

 

 

Opposed Application

 

J R Tsivama, for the applicant

M Mandikumba, for the 1st respondent

No appearance for the 2nd respondent

 

 

CHITAKUNYE J. This is an application for the return of applicant’s motor vehicles that it had issued to respondents during the tenancy of their employment with applicant.

The two respondents were employed by the applicant as Group Accountant and Branch Accountant respectively until 31 October 2015 when their services were terminated on notice.

During the tenancy of their employment contracts the respondents had been issued with motor vehicles for both business and private use on terms set out in their contracts as read with applicant’s motor vehicle policy.

The first respondent was issued with a Nissan Qushquai Registration No. ACX 4888 and the second respondent was issued with a Nissan Almera Registration No. ACU 6164.  They were both obliged to return the motor vehicles upon termination of their contracts of employment.  When their contracts were terminated on 31 October 2015 both respondents did not return the vehicles. Instead they filed a complaint of unfair dismissal against the applicant.  Their effort in that direction was unfruitful as the labour court, on the 23rd September 2016, held that the applicant was entitled to terminate the contracts on notice and instead ordered that the respondents be paid compensation for loss of employment in terms of section 12 (4b) as read with section 12 C (2) of the labour Act, [Chapter 28:0] as amended.

 

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