Wedza Dairy Association V Nobert Mazhangara

### Preamble
IN THE LABOUR COURT OF ZIMBABWE JUDGMENT NO.
LC/H/127/2016
HARARE 15 FEBRUARY 2016 CASE NO.
JUDGMENT NO. LC/H/127/2016
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IN THE LABOUR COURT OF ZIMBABWE	                 JUDGMENT NO. LC/H/127/2016

HARARE 15 FEBRUARY 2016				       CASE NO. LC/H/671/14

AND 4 MARCH 2016

WEDZA DAIRY ASSOCIATION					Appellant

NOBERT MAZHANGARA						Respondent

Before The Honourable G. Musariri, Judge:

For Appellant 		Mr L. Muhwati - Treasurer

For Respondent		Mr N. Mazhangara - Respondent

MUSARIRI, J:

On 15th July 2014 Arbitrator P. Chinguruve made an arbitration award.  He ordered Appellant to pay Respondent a total sum of US $4 050.00 in respect of outstanding wages and leave pay.  Appellant then appealed to this Court against the award.  Respondent opposed the appeal.

The dispute relates to the period between 1 March 2009 to October 2011.  That is the period soon after the introduction of the multiple currencies regime by the Zimbabwean monetary authorities.  Appellant admits owing Respondent unpaid wages during that period.  But they denied that it was in the amount claimed by Respondent.  The variance arises from the rates used to calculate the debt.  Appellant stated that they had stopped operations and employed Respondent merely as a caretaker to look after their property.  Thus they paid him only $15.00 per month.  Respondent claimed his wages were $150.00 per month.  He claimed that the $15.00 was part-payment of his wages.

In this Court he produced a document apparently from Appellant’s wages book.  It shows that he and 2 other colleagues were paid $15.00 for April 2009. There is no indication that it was a part-payment. Appellant acknowledged the document as theirs. It argued that the document proved their case that the wages claimed were inflated. Indeed I am persuaded that the claim was not proved.  There being no other evidence from the relevant period in favour of Respondent’s claim, there was no basis for the arbitrator to find in favour of Respondent as he did.

I should proceed to set aside the award.  However since Appellant admitted owing an amount of US $435.00 I will substitute that figure for the award.

Wherefore it is ordered that,

The appeal be and is hereby allowed; and

The arbitration award issued by Arbitrator P. Chinguruve dated

15th July 2014 is amended by the deletion of the total of $4 050.00 and the substitution of the amount of US$435.00.

G.  MUSARIRI

J. U. D. G. E.