MEGA Computers V James James

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/149/2014
HARARE, 27 FEBRUARY 2014
CASE NO LC/H/1032/2013
28 MARCH 2014
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO LC/H/149/2014

HARARE, 27 FEBRUARY 2014 &		CASE NO LC/H/1032/2013

28 MARCH 2014

In the matter between:

MEGA COMPUTERS						APPLICANT

Versus

JAMES JAMES						RESPONDENT

Before The Honourable E Makamure  :  Judge

For the Appellant	I Nyadenga (Human Resources Manager)

For the Respondent	N Murisa (Trade Unionist)

MAKAMURE J:

This is an application for Interim Relief in terms of section 92 E of the Labour Act [Cap 28:01] (“the Act”).

It appears common cause that the arbitral award was granted in default of one party. Thus it is prudent or proper that that default be dealt with. This can only be done by the arbitrator who handled the matter. However it is necessary to stay the operation of an award while either the appeal or any other issue relevant to the appeal is being dealt with. This is the reason why the Act makes that particular provision.

In the circumstances the application for interim relief succeeds.

Accordingly, it is ordered that the operation of the arbitral award granted by Honourable T Mlilwana on 25 November 2013 be and is hereby suspended pending the determination of an appeal filed by Applicant in case number LC/H/1032/2013.

Appellant’s Human Resources Office, Applicant’s representatives

Zimbabwe Federation of Trade Unions, Respondent’s representatives