Concern Worldwide Zimbabwe v Edson Bere

### Preamble
IN THE LABOUR COURT OF ZIMBABWE JUDGMENT NO. LC/H/415/2013
HELD AT HARARE ON 14th AUGUST and
---------


IN THE LABOUR COURT OF ZIMBABWE	         	   JUDGMENT NO. LC/H/415/2013

HELD AT HARARE ON 14th AUGUST and

16th SEPTEMBER 2013 	                                      CASE NO. LC/ H/376/2012

In the matter between

CONCERN WORLDWIDE                               -APPLICANT

ZIMBABWE

Versus

EDSON BERE				           -RESPONDENT

Before The Honourable L. Kudya, President

(IN CHMBERS)  APPLICATION FOR LEAVE TO APPEAL TO THE SUPREME COURT

KUDYA, L.

The court is satisfied that this application has no merit for the following reasons:

The court correctly found that there was no lawful instruction and clearly articulated its reasons for stating so, thus a superior court is not likely to interfere with that finding.

The issue of clarity of charges was also adequately explained in the judgment.

Deliberation of what the correct charge should have been way after the employee had pleaded to the charge is indeed an abuse of disciplinary powers and the judgment explains in detail why the court formulated that opinion.

As the record spells out in the judgment, the conduct of the employee was distinguished from what should have been

pertinent in a case of willful disobedience. In the court’s view, a superior court is not likely to find fault with this reasoning.

The record is replete with evidence that, what the employee apologized for is not what he was corrected for. To that extent the charge was irregular.

In the ultimate, it is clear that no good case for leave to appeal has been made out. It should accordingly fail.

IT IS ORDERED THAT:

Application for leave to appeal being without merit be and is hereby dismissed.

L KUDYA

President – Labour Court