Blowback Investments v Clever Matiza & O. Maponda

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/725/2016
HARARE, 31 OCTOBER 2016
CASE NO. LC/H/725/2016
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IN THE LABOUR COURT OF ZIMBABWE      JUDGMENT NO. LC/H/725/2016

HARARE, 31 OCTOBER 2016			               CASE NO. LC/H/807/14

AND 18 NOVEMBER 2016

In the matter between:-

BLOWBACK INVESTMENTS					Appellant

And

CLEVER MATIZA & O. MAPONDA				Respondents

Before Honourable L. Kudya, Judge

(IN CHAMBERS)

KUDYA, J:

This matter is hereby disposed of in terms of Section 89 (2) (a) (i) of the Labour Act [Chapter 28:01].  This is so because after the appellant lodged its appeal on 1 September 2014 and as per Form LC 2 filed of record the Registrar by document stamped 16 September 2014 invited the respondent to put in his response to the appeal, nothing was ever done about the matter thereafter.  It is apparent that this appeal has been abandoned hence the decision to dispose of it in the present manner.

The complaint on appeal was that arbitrator misdirected by exceeding his mandate and ordered the employer to pay a retrenchment package yet the parties had approached him to deal with the issue of non payment of wages and terminal benefits.  A reading of the arbitral award shows that he addressed the issues which had been raised by the parties in their pleadings before him.

It is clear from his analysis that he addressed these issues.  The court therefore has no cogent basis to set aside the award.

It is therefore upheld and the appeal is dismissed.

IT IS ORDERED THAT

Appeal being without merit it be and is hereby dismissed.

Each party to bear own costs.