Silas Munyuki v Securico Security Services

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/314/16
HELD AT HARARE 3 MARCH 2016
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE			JUDGMENT NO LC/H/314/16

HELD AT HARARE 3 MARCH 2016				CASE NO LC/H/1120/15

& 13 MAY 2016

In the matter between:

SILAS MUNYUKI					Appellant

And

SECURICO SECURITY SERVICES			Respondent

Before The Honourable B S Chidziva, Judge

Appellant			In person

For Respondent		Mr M Mapfuwa (Human Resources Manager)

CHIDZIVA, J:

This is an appeal against the decision of the Negotiating Committee that was handed down on 8 December 2014.  The Negotiation Committee upheld the decision of the employer to dismiss the appellant from employment.

The brief history of this matter is that the appellant was employed by the respondent.  He was dismissed by respondent on allegations of giving or receiving or attempting to give or receive a bribe or inducing or attempting to induce a person to perform an act.  Appellant appealed to the Mashonaland Joint Committee who ordered the reinstatement of the appellant on the grounds that the employer had failed to prove its allegations against the employee.

The employer then appealed to the Negotiating Committee on the grounds that appellant’s appeal to the Mashonaland Local Joint Committee was noted out of time and that there was no reasonable explanation for the delay.

The appellant then lodged his appeal to NEC Security Industry and he lost the case at arbitration.

The Negotiating Committee’s finding is that

Appellant’s appeal was noted out of time and there was no reason for the delay.

Appellant failed to defend himself before the designated officer and the employer.

The appellant’s grounds of appeal are that

All correspondence of appeal was done in time

He appeared in all disciplinary proceedings

The respondent in respondent raised the following points in limine

The appeal was lodged with the Labour Court out of time and there was no reasonable excuse given for that

Appellant also approached the wrong NEC to lodge his appeal against dismissal when he had been handed the letter of dismissal on 31 October 2012.  He only lodged the appeal with the correct NEC 15 months later

After arbitration he also lodged the appeal with the Local Joint Committee after 44 days when he was suppose to do so within 7 days

The current appeals to the Labour Court was done after 11 months

The appeal is also not on a point of law but facts.

The court will deal with the points in limine that have been raised by the respondent.  Appellant in his grounds of appeal stated that

“The appellant notes an appeal against the award given by Negotiating Committee on a question of procedure.”

The appellant however never challenged the procedure that he is challenging.  The grounds of appeal are only based on factual issues.

Furthermore appellant admitted that the award he is appealing against was served on him on 23 February 20015 but he only lodged his appeal with the Labour Court on 15 December 2015.  Rule 15 (1) of the Labour Court Rules S.I. 59/2006 states that appeals to this court should be lodged within 21 days from the date when the appellant received the decision or determination.

Appellant has not applied for condonation of late filing of appeal.  He has not given the reason for the delay.  It would appear appellant is in the habit of disregarding court rules.

In view of the foregoing therefore

IT IS ORDERED THAT

The appeal is not properly before this court.

The appeal be and is hereby struck off the roll.

Appellant shall bear costs.