Nestock Enterprises (Pvt) Ltd v Marcia Matema

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/644/16
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO. LC/H/644/16

CASE NO. LC/H/1091/14

HELD AT HARARE

ON 11 OCTOBER & 21 OCTOBER 2016

BEFORE THE HON. MR. JUSTICE L.M. MURASI

IN THE MATTER BETWEEN:-

NESTOCK ENTERPRISES (PVT) LTD			APPELLANT

AND

MARCIA MATEMA						RESPONDENT

IN CHAMBERS

MURASI J.,

This appeal was referred to me in terms of section 89 (2) (a) of the Labour Act (Chapter 28:01).

The record shows that Honourable Muchinako issued an arbitral award on 19 November 2014. Appellant was dissatisfied with the decision and filed, through the legal practitioners, an appeal on 5 December 2014. The respondent filed her response on 23 March 2015. This shows that it may have been filed out of time but there is no evidence to show when the Notice of Appeal was served on the respondent.

The record further reveals that after the filing of the response, the appellant was enjoined to file heads of argument in terms of Rule 19 of the Labour Court Rules. The record shows that the heads of argument are yet to be filed. The Registrar, on 14 July 2016, wrote to the appellant’s legal practitioners. There is no evidence of any response to the correspondence in the record. It is thus clear that the appellant has not complied with the Rules. The appeal ought to be struck off the roll.

ORDER:

1.	The appeal be and is hereby struck off the roll for non-compliance with Rule 19 of the Labour Court Rules.

2.	There is no order as to costs.