Chitungwiza Municipality v Goodway T. Mvududu

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/72/2024
HARARE, 20 FEBRUARY, 2024
CASE NO LC/H/635/23
27 FEBRUARY 2024
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IN THE LABOUR COURT OF ZIMBABWE HARARE, 20 FEBRUARY, 2024

JUDGMENT NO LC/H/72/2024 CASE NO LC/H/635/23

27 FEBRUARY 2024

CHITUNGWIZA MUNICIPALITY	APPELLANT

GOODWAY T. MVUDUDU	RESPONDENT

Before the Honourable G. Musariri, Judge:

For Appellant	Mr T. Kabuya, Attorney

For Respondent	Mr G.T Mvududu, Respondent

MUSARIRI, J:

At the onset of oral argument it was agreed that this Court deals with the appeal and cross- appeal separately. The Court then proceeded to deal with the appeal.

Respondent raised a point in limine to the effect that there was no valid appeal before the Court. Firstly because appellant’s grounds of appeal are based on quantification of salaries and benefits together with damages consequent upon the unlawful dismissal of an employee. Appellant stated that he was not dismissed by respondent. The Labour Court in 2 judgments has affirmed he is still employed by respondent. Therefore the grounds of appeal are improper.

Secondly because the relief sought is improper and incorrect. The relief mixes up the parties which was conceded by appellant. Further the relief seeks referral to arbitration afresh contrary to Section 89 (2)a of the Labour Act Chapter 28:01.

Respondent countered that its appeal raises valid grounds of appeal. The point taken in limine relates to the substantive merits of the matter. It cannot be dealt with as a preliminary issue. If the grounds are based on wrong assumptions that is a matter for argument on the merits of the appeal. With regards the prayer in the notice of appeal, appellant applied for correction of the mix-up of the parties on the basis that it was a patent error whose correction prejudices no one. Appellant further argued that the Labour Court has powers to appoint an arbitrator to hear a matter. Again this is another issue that ought to be dealt with the main arguments.

The Court has considered the submissions by the both parties. The main point raised in limine relates to the substantive merits of the appeal. It cannot be determined as a preliminary issue. It should be held over for the main arguments. As regards errors in the prayer to the notice of appeal indeed there is a mix-up of the parties. Correction of the error does not affect the conduct of respondent’s case or cause prejudice. As regards to whether the Labour Court can order arbitration afresh, that is a matter held over for the main arguments.

Wherefore it is ordered that,

Respondent’s point in limine be and is hereby dismissed;

Applicant is given leave to file an amended prayer to the notice of appeal; and

The matter is postponed to the 12th March 2024 at 10:00am for continuation.

G. MUSARIRI J-U-D-G-E