Musafare Bosha v Tauya Coach Services

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/843/14
HELD AT HARARE 18TH NOVEMBER 2014
CASE NO
JUDGMENT NO LC/H/843/14
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IN THE LABOUR COURT OF ZIMBABWE	     JUDGMENT NO LC/H/843/14

HELD AT HARARE 18TH NOVEMBER 2014		CASE NO LC/H/APP/300/14

AND 9TH JANUARY, 2015

In the matter between:-

MUSAFARE BOSHA				Appellant

And

TAUYA COACH SERVICES				Respondent

Before The Honourable B.S. Chidziva, Judge

For Appellant		Ms R Muchenje (Legal Practitioner)

For Respondent		Mr I James (Human Resources Manager)

CHIDZIVA, J:

This is an application for condonation of late noting of appeal against the decision of the Disciplinary Committee dated 12 May 2014.

The Collective Bargaining Agreement: Transport Operating Industry S.I. 67/2012 under section E of the 6th Schedule of the Code of Conduct states that

E

A party which may be aggrieved by the decision of the Disciplinary Committee as per D1 above may within 5 days appeal to the Chief Executive Officer.”

If a party is aggrieved by the decision of the Chief Executive Officer he

then has the right to appeal to the Labour Court within 21 days.

The appellant conceded that he never appealed to the Chief Executive Officer.  His reason for failing to file internal appeals was that only the Labour Court is independent when it comes to delivering justice in labour matter.

Rules and regulations have been put in place to be complied with.  The appellant chose not to comply with the rules governing the Transport Industry.  He did not even bother to engage the relevant department provided for in the resolution of the dispute.

In view of this therefore this Court finds that the appeal is not properly before this Court.

Mugiya & Macharaga,  appellant’s legal practitioner