Amanda Pakarimwa v Soph’s Chicken Private Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/187/2021
HARARE, 28 SEPTEMBER 2021
CASE NO LC/H/APP/253/20
22 OCTOBER 2021
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO LC/H/187/2021

HARARE, 28 SEPTEMBER  2021&		   CASE NO LC/H/APP/253/20

22 OCTOBER   2021

In the matter between:-

AMANDA PAKARIMWA					APPLICANT

AND

SOPH’S CHICKEN PRIVATE LIMITED		RESPONDENT

Before the Honourable Kudya J

For the Applicant			In Person

For the Respondent			T.J. Mafongoya  (Legal Practitioner)

KUDYA, J:

The employee filed with the court an application for reinstatement of her appeal which had been struck off for non compliance with the rules.  The employer objected to the approach adopted by the employee.  It reasoned that the employee had to seek condonation for late filing of appeal if she was now in a position to regularise her papers.

The employee persisted that her understanding of the rules was that she could bring up a reinstatement application. The law is clear in practice direction 3 (a) that once the matter has been struck off it can be resuscitated if the striking off was about issues that could be regularised. To that extent by the time of regularisation the employee was out of time so it was  important for her to seek condonation and then pursue her rights.

A struck off matter is just as good as not having been there in the first place.  See McFoy vs United Africa Company Ltd 1961(3) AllER(1) 1169(PC).  The court is thus persuaded that the matter before it is improperly before the court and  should  be struck off the roll.  For the persistence with the irregular process despite protest from the employer the employee would need to bear the wasted costs.

IT IS ORDERED THAT

Application for reinstatement of appeal being improperly before the court it be and is hereby struck off the roll with costs on the ordinary scale.

Mafongoya and Matapura Law Practice, Respondent’s Legal Practitioner