P O S B v Rango Chomusora

### Preamble
THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO.LC/H/136/13
HELD AT HARARE ON 30th January, 2013
CASE
JUDGMENT NO.LC/H/136/13
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THE LABOUR COURT OF ZIMBABWE	           JUDGMENT NO.LC/H/136/13

HELD AT HARARE ON 30th January, 2013             CASE NO.LC/H/90/12

In the matter between:

P O S B					Appellant

And

RANGO CHOMUSORA			Respondent

Before The Honourable L. Hove, President

For Appellant   : Mr A.T. Muza (Legal Practitioner)

For Respondent: Mr T. Marimo (Trade Unonist)

HOVE, L.

At the hearing of this matter, a point in limine was taken that the Appellant was improperly before the Court in that it was approaching the Court with dirty hands.

It was submitted that in terms of law, the noting of an appeal does not suspend the decision appealed against.

Section 92E (2) of the Labour Act [Chapter 28:01] (the Act) provides that;

“An appeal in terms of subsection (1) shall not have the effect of suspending the determination or decision appealed against.”

The decision appealed against was made on 17th May, 2011. The Appellant has not denied that it has not complied with that decision.

If, as has been argued by the Appellant that it would suffer prejudice were it to comply with the decision, then it ought to have taken advantage of the provisions of Section 92E (3) of the Act which provides as follows;

“Pending the determination of an appeal, the Labour Court may make such interim determination in the matter as the justice of the case requires”

No application has been made before the Court asking it to stay execution pending the determination of the appeal.

The clear provision of the law is therefore that the order must be complied with and failing to obey the lawful order is wrong and unless Appellant complies with the lawful order, he is barred from approaching the Court.

It is accordingly ordered that the point in limine be and is hereby upheld.

The Appellant is ordered to comply with the decision before it can approach the Court

There is no order as to costs

Mawere & Sibanda – Appellant’s Legal Practitioners