Adias Mupelelwa v BAK Logistics

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/214/2023
HARARE 7 JUNE 2023
CASE NO LC/H/117/23
14 JULY 2023
ADIAS MUPELELWA
APPLICANT
BAK LOGISTICS
RESPONDENT
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IN THE LABOUR COURT OF ZIMBABWE

HARARE 7 JUNE 2023
14 JULY 2023

JUDGMENT NO LC/H/214/2023

CASE NO LC/H/117/23

ADIAS MUPELELWA

APPLICANT

BAK LOGISTICS

RESPONDENT

Before the Honourable G. Musariri Judge:

For Applicant    Mr L. Makanda, Unionist

For Respondent    Ms R. Matsika, Attorney

MUSARIRI, J:

At the onset of oral argument in this Court respondent raised 4 (four) points in limine which applicant opposed. The points shall be dealt with ad seriatim.

1. That the appeal/review was filed out of time:

The determination or decision sought to be appealed and reviewed is dated 9th January, 2023. Rules 19 and 20 of the Labour Court Rules S.I. 150/17 require that matter should be brought to Court within 21 (twenty-one) days of the impugned decision. The 21-day period in casu expired on 7th February 2023. The appeal/review is date stamped the 14th February 2023. Therefore, ex-facie the relevant documents the matter was filed out of time. However, applicant averred that he uploaded his papers on the 3rd February 2023, but the Registrar only stamped them on 14th February 2023. There is nothing on record to verify the claim that applicant filed his papers on time. Rule 21 B(4) introduced by the Labour Court (Amendment) Rules S.I. 03/23 provides that,

“Where a document must be signed or stamped is sent to the Registrar by electronic means in accordance with these rules, the Registrar shall electronically stamp the document.”

The inference arising from the rule is that the date stamped by the Registrar is the official date of filing. If the documents were uploaded electronically earlier than the stamped date that circumstances may found grounds for condonation of late filing upon a proper application for condonation. This Court can only go by what appears on the electronic record which is the document stamped by the Registrar.

2. That the grounds of appeal lack precision:
3. That applicant cannot challenge findings of the disciplinary committee?
4. That the matter is deemed as abandoned for failure to serve heads of argument:

In the light of the conclusion concerning the 1st point in limine it is unnecessary to deal with the other points raised.

Wherefore it is ordered that

1. The respondent’s 1st point in limine be and is hereby upheld;

2. The matter is struck off the roll as the appeal/review was filed out of time; and

3. Each party shall bear its own costs.

G MUSARIRI
J-U-D-G-E
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