David Ngunja v Halwick Investments (Private) Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/458/2014
HARARE, 10 JULY 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	  JUDGMENT NO LC/H/458/2014

HARARE, 10 JULY 2014	&			              CASE NO LC/H/28/2014

1 AUGUST 2014

In the matter between:

DAVID NGUNJA							          APPELLANT

Versus

HALWICK INVESTMENTS (PRIVATE) LIMITED			RESPONDENT

Before The Honourable B S Chidziva	:	Judge

For the Appellant		W Gumbira	(Trade Unionist

For the Respondent	J Nota    (Human Resources Manager)

CHIDZIVA J:

This is an appeal against the decision of the respondent to dismiss the appellant. This dismissal came as a result of the charges of gross negligence that had been preferred against the appellant.

It is common cause that the appellant signed an agreement of full and final settlement after the verdict of dismissal. On 17 December 2013 he accepted a sum of $825-69 in full and final settlement of his terminal benefits. In that agreement he also accepted that he was not going to claim in future or in retrospect any payments of any nature arising out of the same subject matter.

It is because of this agreement that this court finds that the appeal lacks merit. The appellant should not have accepted any settlement if he wanted to appeal against the verdict of dismissal.

In the light of the foregoing therefore:

It is hereby ordered that

The appeal lacks merit.

The appeal be and is hereby dismissed.