CBZ Bank v Betina Bvekwa

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/202/2021
HARARE, 15 SEPTEMBER 2021
5 NOVEMBER 2021
CASE NO LC/H/248/21
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO LC/H/202/2021

HARARE, 15 SEPTEMBER  2021&		   CASE NO LC/H/248/21

5  NOVEMBER  2021

In the matter between:-

CBZ BANK						APPLICANT

And

BETINA BVEKWA					RESPONDENT

Before the Honourable Kudya J

For the Applicant			G.M. Nyangwa (Legal Practitioner)

For the Respondent			Z. Majena  (Unionist)

KUDYA, J:

This is an application for leave to appeal to the Supreme Court. The application is at the instance of the applicant bank which was irked by the labour court’s decision to dismiss its appeal where it challenged the decision of the NEC Appeals board decision to remit a labour dispute between the employee and the bank.

The test for leave to appeal is settled see See Ngazimbi v Murowa Diamondas  SC-27-13.  Each of the tenets is discussed below:-

Point of law

What a point of law has been decided in a numerous case chief among them Sable Chemicals vs Easterbrooke  SC 18-10. In the case at hand the employer contends that the labour court ill decided the matter since in its view it decided on the alternate issues raised instead of the main issue. A reading of the record however does not point to that.  The court explains clearly how it interprets the issues brought before it and summed up same to decide on the matter.  The court therefore does not appreciate what point of law the employer says besets the matter justifying grant of leave to appeal.

Merits

It  is settled law that the success or failure of a leave to appeal matter behoves the court to probe a bit into the possible merits  on application. As indicated earlier there is nothing on the record to suggest that the employer has a plausible case on appeal. To that extent the court is of the view that no purpose is served by the grant of leave sought.

Interests of jurisdiction and importance of case

It is clear again from the reasons in the judgment that no point of law has been set out and no merited case has been demonstrated so equally the interests of justice are better served by a denial of the leave. A grant of the same would unnecessary clog the Supreme Court. In the ultimate the application fails.

IT IS ORDERED THAT

Application for leave to appeal to the Supreme Court being without merit it be and is hereby dismissed with costs.

Mawere Sibanda Commercial Lawyers, Applicant’s Legal Practitioners