Christopher Muunganirwa & Kumire Mutasa v Cleopas Kundiona t/a Umaa Institute

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/73/2020
HARARE, 28 JANAURY, 2020
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE	     JUDGMENT NO. LC/H/73/2020

HARARE, 28 JANAURY, 2020		               CASE NO. LC/H/APP/790/17

AND 13 MARCH, 2020

CHRISTOPHER MUUNGANIRWA					1st Applicant

KUMIRE MUTASA								2nd Applicant

CLEOPAS KUNDIONA T/A UMAA INSTITUTE			Respondent

Before The Honorable G Musariri, Judge:

For 1st Applicant:				Mr C. Muunganirwa

For 2nd Applicant:				Mr K. Mutasa

For Respondent:				Mr S. Vambe

MUSARIRI J:

On the 26th October 2017 Applicants filed an application in this Court for the “Quantification of Award”. Respondent opposed the application. Applicants based the application on the order referenced LC/H/ORD/1827/17 issued by this Court on the 4th October 2017. The order reads as follows,

“The application be and is hereby dismissed for want of prosecution”.

The order does not mention the quantification of any damages. It simply dismissed an application by a Designated Agent (T. Chamisa) for the confirmation of his ruling in a matter involving the parties in this matter. The ruling was a dismissal of the Applicant’s claims against Respondent for underpayments and terminal benefits. The basis for the ruling was that the Agent lacked jurisdiction to deal with the claim.

The Agent applied to this Court for the confirmation of his ruling. He failed to appear on the date of hearing. The application was then dismissed for want of prosecution. Apparently Applicants have interpreted the dismissal of the Agent’s application by this Court as their victory. They seem to think that it set aside the Agent’s ruling. It is on that basis that they seek the intervention of this Court to quantify their claims.

Clearly Applicants are laboring under a misapprehension of the legal position. The Agent’s ruling has not been set aside. It is extant. If Applicants are aggrieved by the ruling they should take action as they are best advised against the ruling. That might entail some suit against the Agent. This application cannot assist in that regard.

Wherefore it is ordered that,

1.The application for quantification of award be and is hereby dismissed; and

2.Each party shall bear its own costs.

G. MUSARIRI

J-U-D-G-E