Sydney Rukweza & Godfrey Duwati v Marondera Rural District Council

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
HARARE, 17 OCTOBER 2014
JUDGMENT NO LC/H/836/2014
CASE NO LC/H/836/2014
---------




IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO LC/H/836/2014

HARARE, 17 OCTOBER 2014 &		           CASE NO LC/H/694/2011

19 DECEMBER 2014

In the matter between

SYDNEY RUKWEZA						1st APPELLANT

And

GODFREY DUWATI						2ND APPELLANT

Versus

MARONDERA RURAL DISTRICT COUNCIL			RESPONDENT

Before The Honourable P Muzofa		:	Judge

Appellants in Person

For the Respondents   Mr Wenyeve  (Legal Practitioner)

MUZOFA J:

An arbitral award was made in this matter dealing with the parties’ employment dispute. Both parties were not satisfied by the arbitral award of 14 November 2011. The appellants noted an appeal to this court under case number LC/H/694/11 and the Respondent filed a cross appeal under case number LC/H/698/11. An application was made to this court for consolidation of the two cases. The application was granted. To avoid confusion in references Sydney Rukweza and Godfrey Duwati shall be referred to as the appellants and Marondera Rural District Council shall be referred to as the cross appellant.

The appellants’ grounds of appeal were couched as follows:

“The arbitrator’s award is grossly unreasonable on the issue of dismissing the first and second appellants’ claims for overtime and vacation leave days accrued as unjustifiable. The arbitrator erred by ignoring the provision of section 125 of the Labour Act [Cap 28:01], that compels the respondent to keep records of remuneration paid, of the time worked and of those other particulars at all times.”

In its cross appeal the cross appellant’s grounds of appeal were in the following terms:

“1.	That the respondents’ claims are not payable in multiple currency;

2.	The respondents’ claims have prescribed.

3.	That the respondents are not entitled to three months’ notice period.”

On the date of hearing it was apparent that cross appellant conceded that the appellants were entitled to some form of payment. The court allowed a postponement for the parties to negotiate. On the resumption of the case the cross appellant produced a document reflecting the amounts that parties agreed on albeit for vacation leave days only. The appellants confirmed that they signed the document and therefore did not wish to pursue the appeal. The cross appellant also withdrew its cross appeal.

The court will therefore grant an order in terms of the agreement entered into by the parties.

Accordingly the following order is made:

The appeal LC/H.694/11 be and is hereby withdrawn.

The cross appeal LC/H.698/11 be and is hereby withdrawn.

By consent the cross appellant Marondera Rural District Council be and is hereby ordered to make the following payments to the appellants within thirty (30) days of this order:

Sydney Rukweza			US$682-08

Godfrey Duwati			US$622-92

Each party to bear its own costs.