Crest Poultry Group (Private) Limited v Dr Hope Pachena

### Preamble
IN THE LABOUR COURT OF ZIMBABWE HARARE, 25 JUNE 2025
JUDGEMENT NO. LC/H/296/2025 CASE NO.
LC/H/285/12
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IN THE LABOUR COURT OF ZIMBABWE HARARE, 25 JUNE 2025

JUDGEMENT NO. LC/H/296/2025 CASE NO. LC/H/285/12

In the matter between:-

CREST POULTRY GROUP (PRIVATE)	APPELLANT LIMITED

DR HOPE PACHENA	RESPONDENT

Before the Honourable Kudya J

For the Appellant	Advocate T. Mpofu with TS Nyawo (Legal Practitioners) For the Respondent	M. Gwisai (Legal Practitioner)

KUDYA, J:

The case between the parties, Crest Poultry Group and Pachena has a sad long and chequered history of being litigated on for over a decade now. It is one case that has gone contrary to the main spirit of the Labour Act Sec 2A being the cheap and speedy resolution of industrial issues.

Application after application in the matter has been made by the parties to the extent that even the very critical dispute between the parties ended up being muddled up to the detriment of both litigants who continue to be saddled with legal costs in a matter whose end is not in sight even a decade later. It is regrettable that the justice system has had to endure such.

Being that as it may ,the case at hand, concerns an appeal at the instance of the appellant employer and the respondent employee following what was concluded to be constructive

JUDGEMENT NO.LC/H/296/25 CASE NO .	LC/H/285/12

dismissal of the employee. The unlawful dismissal gave birth to an arbitral award of USD 115 000 which was made in 2013.

Since 2013 to date the country has experienced numerous currency changes thus charging the complexion of the 2013 award in this case. The employer says in terms of SI 33/19 the award is now rated at 1 to 1 with the local currency and it says if the court agrees with it on that it is prepared to pay the debt on the basis of 1 to 1 rate.

On the other hand, the employee states that the employer is blowing hot and cold by accepting that it owes her yet, also argues that the appeal is live. She concludes therefore, that, appellant’s submissions demonstrate that the issue has become moot and no longer worthy of determination so the appeal should be dismissed.

In an effort to crystallise the issues, the parties eventually agreed that the sole issue for determination by the court in this appeal is the following:

“Whether a hearing on the substance of the appeal is still necessary and whether a controversy still exists between the parties in view of the position adopted by the appellant that it will comply with the arbitrator award on the basis that the sum awarded by the arbitrator has converted at the rate of one to one by operation of the law vis SI33/19…”

A reading of submissions by the parties shows clearly that, there is no more live issue worth of determination as an appeal by this court. This is so, because, once the appellant starts talking about conversion rates etc it is clear that the foundation of the award has been made to stand so there is no benefit in rehashing an issue which has been abandoned.

It is clear from all the appeal grounds as they appear on the papers that, currency issue was not one of the issues before the arbitrator so such an issue cannot be brought before the court as an appeal issue as it is as an issue at 1st instance. See Doves Funeral Assurance Pvt Ltd v Fernaby Investments SC102/21.

JUDGEMENT NO.LC/H/296/25 CASE NO. LC/H/285/12

The court notes that, the argument advanced by the respondent that the appeal has become moot is what clearly accords with the facts of the matter at hand. There is therefore no meaningful purpose served by entertaining the appeal as it was filed in 2013.

On account of the mootness of the appeal the court therefore strikes off the record the appeal which has become moot.

IT IS ORDERED THAT:

Appeal be and is hereby struck off the roll for the reason that it has become moot. Each party bears own costs.

Nyawo, Ruziwe Attorneys at law	Applicant’s Legal Practitioners

Matika, Gwisai and Partners	Respondent’s Legal Practitioners