Sino Zimbabwe Cotton Holdings v Elliam Moyo

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/802/14
HELD AT HARARE 14TH NOVEMBER 2014
CASE NO
JUDGMENT NO LC/H/802/14
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IN THE LABOUR COURT OF ZIMBABWE	       JUDGMENT NO LC/H/802/14

HELD AT HARARE 14TH NOVEMBER 2014		CASE NO LC/H/527/14

& 5TH DECEMBER 2014

In the matter between:-

SINO ZIMBABWE COTTON HOLDINGS			Appellant

And

ELLIAM MOYO						Respondent

Before The Honourable F.C. Maxwell, Judge

For Appellant		Mr W Chivaura (Legal Practitioner)

For Respondent		Mr T Chigubhu (Trade Unionist)

MAXWELL, J:

Respondent is employed by appellant.  He approached a Labour Officer alleging that he was unlawfully demoted, was being victimized and that he was owed money in unpaid allowances.  The matter was not settled on conciliation and was referred to arbitration.  On 30 May 2014 the arbitrator made an award in default of the now appellant’s submissions.  On 23 June 2014 appellant noted this appeal.  It is not clear from the record if respondent filed a response.  Both parties filed heads of argument.

At the hearing of the matter I dismissed the appeal for being improperly before this court.  The reason is that a default judgment can only be set aside by a successful application for rescission of the judgment.  See Zvinavashe v Ndlovu  SC 40/06.

Section 98 (9) of the labour Act of the Labour Act [Chapter 28:01] states

“In hearing and determining any dispute an arbitrator shall have the same powers as the Labour Court.”

In my view appellant should have approached the Arbitrator for

rescission of the default award.

Accordingly the appeal be and is hereby dismissed for being improperly before the Court.

Maunga, Maanda & Associates, appellant’s legal practitioners