The appellant, Mr Mugove Chatizembwa, was employed by the respondent as a quarry superintendent. On 21 April 2013 he was on duty. Without seeking his superior’s authority he took a company vehicle and went to a certain farm which is about 25 kilometers from his work place. The purpose of this trip was personal to him. Whilst there he met one of his superiors. They exchanged greetings. Thereafter they discussed his presence at that place at the material time. What transpired at that venue is best captured by his report to the Mines Engineer which I will quote in full. More
The matter initially came before the Labour Court for the confirmation of a draft ruling. The Court dismissed that application on the basis that the applicant had exceeded his jurisdiction. He had decided the issue that had been referred to him and after that, he had created another issue and decided the case on the basis of that issue which was not properly before him. The Court found that it was irregular. As a result, the Court declined to confirm the draft ruling. This was in 2021. More
This appeal centres mainly on the issue whether the Arbitrator was correct in holding that the Labour Officer and consequently the Arbitrator had jurisdiction to hear and determine this matter.
Appellant’s case on the one hand was that the dispute between it and Respondent was a commercial one over which the Labour Officer had no jurisdiction whilst Respondent’s case on the other hand was that the dispute was a labour dispute over which the Labour Officer had jurisdiction. More
The matter was placed before me as an application for upliftment of the bar operating against the Applicant by virtue of its failure to file Heads of Argument. More
