G & A Groceries (Pvt) Ltd v Shybo Saidi

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/702/2016
HARARE, 7 OCTOBER 2016 &
CASE NO LC/H/311/2016
4 NOVEMBER 2016
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IN THE LABOUR COURT OF ZIMBABWE	         JUDGMENT NO LC/H/702/2016

HARARE, 7 OCTOBER 2016 &				        CASE NO LC/H/311/2016

4 NOVEMBER 2016

In the matter between

G & A GROCERIES (PVT) LTD						APPELLANT

Versus

SHYBO SAIDI								RESSPONDENT

Before the Honourable Kudya J

For the Appellant    Ms P Chin’ombe (Legal Practitioner)

The Respondent in Person

KUDYA J:

This matter was set down as an appeal at the instance of the appellant employer against an arbitral award made by the arbitrator in favour of the respondent employee.

On the hearing date parties stated that they were abiding by their papers filed of record. They consequently requested that the appeal be concluded based on the papers filed of record.

When the court was reading the record in preparation for the judgment it dawned on it that the matter had been dealt with as if it were a dispute of interest yet it was a dispute of right to be dealt with by a labour officer in terms of the law. See section 16 of the Labour Amendment Act No 5 of 2015.

That realisation prompted the court to call the parties back to explain how the order now under appeal had been dealt with. At the hearing of 7 October 2016 the appellant’s counsel conceded that the matter had been irregularly dealt with as it sought to be dealt with under an absolute procedure. The court was satisfied therefore that since the original matter was irregularly dealt with it thus could not found the appeal which was meant to be decided by this court. See McFoy v United Touring Company Limited 1961 (3) ALL ER 1169 (PC).

In the ultimate it is clear that one cannot put something on a nullity. Since the original proceedings were bad at law for non-compliance with the law the instant appeal is equally bad at law and therefore cannot stand. The appeal is therefore struck off the roll.

IT IS ORDERED THAT

The appeal being bad at law it being founded on a decision made in the midst of flouted procedure it be and is hereby struck off the roll. Each party to bear own costs.

Baera & Company, appellant’s legal practitioners