E.M. Stuart-Walker v AGS Frasers International

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO.LC/H/629/2013
HARARE ON 11TH NOVEMBER, 2013
CASE NO. LC/ORD/H/40/2013
AND 22 NOVEMBER, 2013
JUDGMENT NO.LC/H/629/2013
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO.LC/H/629/2013

HARARE ON 11TH NOVEMBER, 2013			CASE NO. LC/ORD/H/40/2013

AND 22 NOVEMBER, 2013

In the matter between

E.M. STUART-WALKER     			–	Applicant

And

AGS FRASERS INTERNATIONAL		–	Respondent

Before The Honourable R. Manyangadze, J.

(IN CHAMBERS)

MANYANGADZE, J.

In this application, Applicant seeks an order for the payment of arrear salaries and allowances, terminal benefits, severance package, punitive damages and costs of suit.  All this amounts to a total of US$132 574.00 as shown on the computations submitted to the Labour Officer who handled the conciliation.

It is not clear when and how Applicant’s employment with the Respondent was terminated.  However, the papers on record show that the matter was referred to conciliation on 21 November 2012.  The Labour Officer issued a Certificate of No Settlement on 27 May 2013.

The Applicant filed his application with this court on 25 June 2013.  The matter did not go for arbitration, as provided for in Section 93(5) of the Labour Act, Chapter 28:01 (The Act).

The Applicant, in paragraph 5 of his Notice of Application, states that:

“Applicant exhausted all available domestic remedies in attempting to resolve this dispute, and ACCORDINGLY, this application is now made to this Honourable Court for the following relief:” (emphasis added).

It is quite clear from the quoted paragraph, that the basis of filing the application straight to this court from conciliation is that Applicant “exhausted all available domestic remedies.”

There is no indication from the Labour Officer why the dispute was not referred to compulsory arbitration.  All there is on record is a bald assertion by the Applicant that he exhausted all available domestic remedies.  The issues Applicant complains of can all be properly adjudicated upon by an Arbitrator appointed in terms of Section 93, as read with Section 98 of the Act.

In the circumstances, the application is not properly before the court.  It is accordingly ORDERED THAT:

The application be and is hereby dismissed.

The matter be and is hereby referred back to the Labour Officer for it to be referred to compulsory arbitration in terms of Section 93(5) as read with Section 98 of the Labour Act.

There shall be no order as to costs.

BY THE JUDGE