Hermes Heritage Trust v Norman Munyukwi

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/610/2014
HARARE, 19 MAY 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	  JUDGMENT NO LC/H/610/2014

HARARE, 19 MAY 2014 				  CASE NO LC/H/604/2013

& 26TH SEPTEMBER 2014

In the matter between:

HERMES HERITAGE TRUST					  APPELLANT

Versus

NORMAN MUNYUKWI						  RESPONDENT

Before The Honourable E Makamure   :  Judge

For the Appellant	   O Zimbodza	(Legal Practitioner)

The Respondent in Person

MAKAMURE J:

This is an appeal against a determination by an arbitrator sitting at Harare. The facts of the matter appear to be common cause. The respondent was an employee of the appellant. He was dismissed from employment without due process being followed by the employer. He was therefore unlawfully and wrongfully dismissed. These are factual findings made by the Learned Arbitrator. The Arbitrator ordered the appellant to pay the respondent all that was due to him. This order aggrieved the appellant leading to the present. The grounds of appeal are that:

“1.	The learned Arbitrator did not make note of the fact that despite written evidence to the fact that the respondent was lawfully dismissed and the contract wasn’t it genuine, she didnt make any effort along the lines.

2.	The respondent is still in possession of company good (sic).”

The grounds of appeal are not clear.  As the grounds are not clear, the Court does not understand where the Learned Arbitrator erred at law.  It is important that grounds of appeal spell out where the earlier tribunal erred.  The point cannot be over emphasised that where there are no clear grounds of appeal, the appeal is not properly before the Court

Further in its Heads of Argument the appellant submitted in its “Background”  that the respondent was dismissed for:

Misconduct as habitual and substantial neglect of duty;

Theft and Fraud; and

Wilful disobedience to a lawful order.

In the same in the Heads of Argument it was submitted on behalf of the appellant (paragraph 8) that the respondent was lawfully dismissed on the grounds of “insubordination, misconduct, theft and for using the appellant’s property for his private business.” The reasons or charges leading to the dismissal appear to keep changing.  This is not proper.  This cannot be condoned neither should it be encouraged.  Parties have to be consistent with what they are appealing against.

This appeal amounts to an abuse of the court.   I say this because it appears to be common cause that there was no hearing prior to the dismissal of the respondent.  That is a serious violation of the respondent’s right to be heard. There is no allegation of misdirection at law by the arbitrator. The facts are not disputed and yet the appellant proceeded to appeal.

There is no merit in the grounds of appeal.

In view of the above the appeal fails.

Accordingly it is ordered that the appeal be and is hereby dismissed with costs.

Zimbodza & Associates, appellant’s legal practitioners

Respondent, in person