W Mudzenengerere v Jumbo Transport

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/261/2014
HARARE, 3 FEBRUARY 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO LC/H/261/2014

HARARE, 3 FEBRUARY 2014 &		            CASE NO LC/H/14/2013

9 MAY 2014

In the matter between:

W MUDZENGERERE							APPELLANT

Versus

JUMBO TRANSPORT							RESPONDENT

Before The Honourable B S Chidziva	:	Judge

For the Appellant		L Chimutashu  (Trade Unionist)

For the Respondent	B Chidziva    (Legal Practitioner)

CHIDZIVA J:

This is an appeal against the employer’s decision to dismiss the appellant from employment. The brief history of this matter is that the appellant was employed by the respondent as a Truck Driver Grade B4 of the Transport industry CBA S I 67/2012. He was invited to answer charges of proven theft offence section 5:1 of S I 67/2012. When the hearing was conducted he was convicted of gross negligent driving. The appellant has raised the following grounds of appeal:

That the appellant was dismissed for a wrong charge which was never brought to his attention before hearing.

No reason was given for that departure.

The appellant was never provided with the record of proceedings despite request.

The appellant therefore prayed that the appeal should succeed and the dismissal be set aside. The appellant also prayed that he should be reinstated without loss of wages and benefits with effect from the date of dismissal alternatively the respondent should pay damages in lieu of reinstatement if reinstatement is no longer possible.

The respondent has prayed that the appeal should be dismissed for the following reasons:

The appellant’s appeal is vague.

The appellant raised review issues.

The appellant has raised review issues instead of appeal issues. This could have been caused by the respondent’s failure to avail the record of proceedings to the appellant. The appeal cannot stand on the grounds proffered before this court. However the court orders as follows:

The respondent is ordered to avail to the appellant the record of proceedings within (14) fourteen days from the date of judgment.

This record will enable the appellant to take the right course of action against the decision of the respondent.

Failure by the respondent to avail the record to the appellant within the 14 days the respondent is ordered to reinstate the appellant without loss of salary and benefits with effect from date of dismissal. If reinstatement is no longer possible the respondent is to pay damages in lieu of reinstatement.

Parties are to agree on damages failure of which either party can approach this court for quantification of damages.

Kantor & Immerman, respondent’s legal practitioners