Joney's Joint Pub and Restaurant v Elphas Moyo & 4 Ors

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/742/2016
HARARE, 31 OCTOBER 2016
CASE NO. LC/H/742/2016
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IN THE LABOUR COURT OF ZIMBABWE      JUDGMENT NO. LC/H/742/2016

HARARE, 31 OCTOBER 2016			           CASE NO. LC/H/811/14

AND 18 NOVEMBER 2016

In the matter between:-

JONEY’S JOINT PUB AND RESTAURANT			Appellant

And

ELPHAS MOYO							1st Respondent

And

PETER FIGHTON							2nd Respondent

And

TRYMORE MUDZIMUMBUYO					3rd Respondent

And

EDMOND CHIRONZVI						4th Respondent

And

BRIGHTON MAKANI						5th Respondent

Before Honourable L. Kudya, Judge

(IN CHAMBERS)

KUDYA, J:

On 9 December 2015 interim relief was granted in favour of the appellant employer so that the main appeal could be finalised.  Since then nothing happened to the matter suggesting that there is no interest to have the appeal concluded.  This has occasioned this court to invoke provisions of Section 89 (2) (a) (1) to dispose of the appeal on the papers.

The appeal grounds speak to the arbitrator’s failure to deal with the issue on the merits where there were issues of the matter needing to be disposed of as an Estate matter and also the quantum claimed not being broken down.  Despite invitation to put in their response which invite they acknowledged receipt of on 16 September 20`6 under the hand of one Nenera Mutanga they did not put in a response.  The absence of the response makes the appeal technically a default one befitting of being allowed as unopposed.  This court will so order.

IT IS ORDERED THAT

There being no response to the appeal despite service on 16 September 2014 the appeal be and is hereby allowed.

Each party to bear own costs.