Rodger Nyoni v Selfix Services

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/373/2014
HARARE, 24 JANUARY 2012
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE	                 JUDGMENT NO. LC/H/373/2014

HARARE, 24 JANUARY 2012                        	                   CASE NO. LC/H/708/10

AND 20 JUNE 2014

RODGER NYONI					Appellant

SELFIX SERVICES					Respondent

Before The Honourable G. Musariri, Judge:

For Appellant 		Mr. J. Mautsi, Unionist

For Respondent		Mr. K. Ncube, Manager

MUSARIRI, G:

On 23rd September 2010 the Honourable C. Kabasa made an arbitration award.  In terms thereof he dismissed Appellant’s claims (save for a gratuity) against Respondent.  Appellant then appealed to this Court against the award.

Appellant’s case was captured in the award under the sub-title “submissions.”  It was a claim for reinstatement with effect from 31 October 2008.  In addition he sought back-pay and benefits.  Respondent countered that Appellant left his employ for a better paying job in Sudan.  Upon his return, Appellant sought employment from them but none was available.  The arbitrator’s analysis appears under the sub-title “Observation”.   The gist of it was that the evidence showed a contract was made between Appellant and Reveille Management Services during the relevant period.  On that basis, though he did not say so explicitly the arbitrator dismissed the main claim for reinstatement.

There are various documents filed of record.  Amongst the same, there is a contract of employment between Appellant and Reveille Management Services.  It is dated  9th December 2007 though it was signed on behalf of both parties a few days prior to that date.  There is also an engagement order dated 9th December 2007.  In terms of the order Respondent engaged Appellant as a Radio Operator in Sudan for 9 months.  This explains the submissions by Respondent that,

“2. Mr. Rodger Nyoni did terminate his services with Selfix Services (Private) Limited, trading as Minetech Zimbabwe with effect from 9th December 2007, when he entered a new contract of employment with Reveille Management Services.

3. There is no contractual or other relationship whatsoever between Selfix Services (Private) Limited and Reveille Management Services.

4. As there is neither contractual nor legal relationship between Selfix Services (Private) Limited and Reveille Management Services, we could not transfer Mr. Rodger Nyoni’s services to Reveille Management Services as Mr. Nyoni now claims.”

Apparently Reveille is an entity based in the United Kingdom.  That appears from its address.  No legal connection appears or was shown between it and Respondent.  Thus by joining Reveille, Appellant severed his ties with Respondent.  He could not return to Respondent and demand his job back after expiry of the Reveille contract.  There was no lawful basis for such demand.  In the circumstances the arbitrator was correct in concluding that Appellant’s claims lacked merit.

Wherefore it is ordered that

The appeal is hereby dismissed; and

Each party shall bear its own costs.

G.   M U S A R I R I   									J.  U.  D.  G.  E.