Ana Trading (Private) Limited v Nasser Mohammed

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/262/2014
HARARE, 13 FEBRUARY 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	  JUDGMENT NO LC/H/262/2014

HARARE, 13 FEBRUARY 2014 &			  CASE NO LC/H/945/2012

9 MAY 2014

In the matter between:

ANA TRADING (PRIVATE) LIMITED				APPLICANT

Versus

NASSER MOHAMMED						RESPONDENT

Before The Honourable B S Chidziva	:	Judge

For the Applicant		T Mutebere	(Legal Practitioner)

For the Respondent	Y A Jogee    (Legal Practitioner)

CHIDZIVA J:

This is an application for interim Relief as provided for in section 92 E(3) of the Labour Act [Cap 28:01] as read with section 17 of the Labour Court Rules (SI 159/06).

The applicant is applying for stay of execution of the arbitral award that was handed down by Honourable Arbitrator J A Nyamupachitu on 12 November 2012. The award was couched as follows:

“1.	Claimant was unfairly dismissed.

2.	Respondent is ordered to pay:

Three months’ notice pay at $500-00 per month	=  US$1 500-00

Cash in lieu of leave – 25 days				=  US$   416-00

Outstanding back-pay January to October 2012	=  US$5 000-00

At $500-00

Severance package for five months at $500-00     =  US$2 500-00

Total							= US$9 416-00

3.	These payments should be paid within fourteen days of signing this Arbitral Award.

4.	Respondent to pay costs.

I so award.”

The applicant’s prayer is that:

“Pending the determination of the appeal pending before this Honourable Court, the appellant shall not be required to implement and or satisfy the terms of the arbitral award granted by Hon J Nyamupachitu on 12 November 2012 which is also the subject of this appeal”.

The applicant has submitted that:

The arbitration unilaterally quantified damages without calling for a hearing;

The arbitrator made an award of damages without the option for reinstatement; and

The applicant has high prospects of success on appeal.

The respondent in response has submitted that:

The applicant failed to oppose the application for the registration of the award;

The founding affidavit by the appellant’s managing director is defective;

The arbitrator gave a thorough and reasoned judgment;

Appellant’s appeal is frivolous and vexatious and without merit;

Respondent has great chances of success and the registration of the award is unlikely to be set aside on appeal.

The respondent therefore prayed that the application for interim relief be dismissed with costs.

It is a trite principle of law that labour matters should not be decided on technicalities. In the light of this principle therefore the application for stay of execution succeeds.

It is therefore ordered that:

Pending the determination of the appeal before this Honourable Court, the appellant (applicant) shall not be required to implement and or satisfy the terms of the arbitral award granted by Honourable J Nyamupachete on 12 November 2012 which is also the subject of this appeal.

Govere Law Chambers, applicant’s legal practitioners

c/o Coghlan Welsh & Guest, respondent’s legal practitioners