Bren Saunyama v City of Harare

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/467/14
HARARE ON 11th JUNE, 2014
CASE NO. LC/H/CON/01/14
And 1st AUGUST, 2014
JUDGMENT NO. LC/H/467/14
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO. LC/H/467/14

HARARE ON 11th JUNE, 2014				CASE NO. LC/H/CON/01/14

And 1st AUGUST, 2014

In the matter between

BREN SAUNYAMA			–	Applicant

And

CITY OF HARARE			–	Respondent

Before The Honourable Chidziva, J.

For Applicant	: Mr T.B. Kativhu (Legal Practitioner)

For Respondent	: MsA. Zvoutete (Legal Practitioner)

CHIDZIVA, J:

This is an application for condonation of late noting of appeal against the decision of Honourable Arbitrator Ndomene which was issued on the 16th of May 2012. The Arbitrator confirmed the Respondent’s ruling to dismiss the Applicant from employment.

The Applicant has given his reasons for the delay. He stated that he was in the rural areas and he could not pay the Arbitrator. He has also stated that he has prospects of success because his absenteeism was due to illness during a period when the country was going through an economic meltdown. The Applicant also stated that the 2nd hearing was held eight months after the agreed date. This was a clear breach of the settlement entered into at the National Employment Council.

The Respondent in their response said that the delay was caused by administrative protocols. Furthermore the Applicant had no prospects of success on appeal because he was suppose to follow the laid down procedures in obtaining a sick leave.

After hearing submissions from both parties it is this Court’s view that the delay in this matter is not inordinate. He has an explanation for the delay and absenteeism. Given the chance to explain the absenteeism he may succeed on appeal.

The case of Dalny Mine vs. Banda 1999 (1) ZLR 220 has stated that labour matters should not be decided on technicalities. The Labour Act was also established for purposes stated in Section 2A (1) (a) i.e.

“The purpose of this Act is to advance social justice and democracy in the workplace …………………..”

It is this Court’s view that justice will only be achieved by giving the Applicant the chance to present his case in this Honourable Court. The various issues raised by the Respondent should not vitiate the Applicant’s rights to appeal against the decision of the Respondent to terminate his services.

In the circumstances therefore this Court orders that;

The application for condonation of late filing of notice of appeal be and is hereby granted.