Bigwave Automation Systems v Patrick Mashawa

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/832/2014
HARARE, 3 DECEMBER 2014
CASE NO LC/H/APP/662/2014
JUDGMENT NO LC/H/832/2014
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IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO LC/H/832/2014

HARARE, 3 DECEMBER 2014 &		 CASE NO LC/H/APP/662/2014

19 DECEMBER 2014

In the matter between

BIGWAVE AUTOMATION SYSTEMS					APPLICANT

Versus

PATRICK MASHAWA							RESPONDENT

Before The Honourable F C Maxwell   :   Judge

(IN CHAMBERS)

MAXWELL J:

The record of this matter was placed before me in chambers for consideration. It is an application for interim relief purportedly made in terms of section 92 E subsection (3) of the Labour Act [Cap 28:01].

The applicant filed an application for review of an arbitral award under Case Number LC/REV/H/87/14 on 17 September 2014. The award was made on 30 July 2014 ordering the applicant to pay the respondent’s damages for constructive dismissal as well as outstanding payments for the period 8 March 2011 to 16 May 2014. Section 92 E (3) of the labour Act [Cap 28:01] states:

“Pending the determination of an appeal the Labour Court may make such interim determination in the matter as the justice of the case requires.”(Underlining for emphasis)

This court is a creature of statute and therefore operates within the confines of the creating statute. The provision the applicant seeks to rely on is applicable to appeals only. There is no similar provision relating to reviews. As such there is no basis for this court to grant interim relief pending the hearing of an application for review. Consequently the application must fail.

Wherefore I order that the application be and is hereby dismissed for being improperly before the court.