Apostolic Faith Mission in Zimbabwe v Kefias Mujokeri

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/56/2016
HARARE, 28 JANUARY 2016 &
CASE NO LC/H/APP/1117/2015
5 FEBRUARY 2016
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IN THE LABOUR COURT OF ZIMBABWE	           JUDGMENT NO LC/H/56/2016

HARARE, 28 JANUARY 2016 &			          CASE NO LC/H/APP/1117/2015

5 FEBRUARY 2016

In the matter between

APOSTOLIC FAITH MISSION IN ZIMBABWE			APPLICANT

And

KEFIAS MUJOKERI							RESPONDENT

Before the Honourable L M Murasi J

For the Applicant	Ms T Mberi (Legal Practitioner)

No Appearance for the Respondent

MURASI J:

This is an application for interim relief pending the finalisation of the appeal.

Ms Mberi submitted that the applicant served the respondent with the notice of application on 11 September 2015 and proof of service was filed with the court. The respondent had not filed any response to the application. She further submitted that in the absence of such a response from the respondent, the court should grant the application. Ms Mberi further stated that the arbitrator had erred in holding that the matter had not prescribed and also in not finding that the respondent had repudiated his contract by re-locating to Botswana. It was further argued that the balance of convenience favoured the granting of the application.

The court notes that the respondent has not shown any interest in making an appearance in this matter. The facts show that the application was served on the respondent’s legal practitioners on 11 September 2015 but no response was filed. As to the prospects of success on appeal, the applicant’s counsel has shown that there is an arguable case on the part of the applicant. The award by the arbitrator gives the respondent an amount of $96 000-00 in arrear salaries. This is certainly a large amount which the respondent may not be in a position

to reimburse were the appeal to be successful. It is my view that applicant has demonstrated that the balance of convenience is in its favour.

In the result, the court makes the following order:

The application for interim relief be and is hereby granted.

The arbitral award of Honourable Nhongo be and is hereby stayed pending the finalisation of the appeal in Case No LC/H.830/2015.

That there be no order as to costs.

Mberi Chimwamurombe, applicant’s legal practitioners