Eckem W. Sithole v Rio Zimbabwe Ltd & 3 Others

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO. LC/MS/12/2013
HELD AT MASVINGO, 30TH MAY 2013
CASE
NO.
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IN THE LABOUR COURT OF ZIMBABWE		JUDGMENT NO. LC/MS/12/2013

HELD AT MASVINGO, 30TH MAY 2013		CASE NO. LC/REV/MS/02/2009

ECKEM W. SITHOLE						APPLICANT

AND

RIO ZIMBABWE LTD & 3 OTHERS				RESPONDENT

Before the Honourable B.S. Chidziva: President

(IN CHAMBERS)

REASONS FOR DISMISSAL OF THE APPLICATION FOR LEAVE TO APPEAL TO THE SUPREME COURT										__

The applicant in this matter applied for review of the decision of the Respondent’s Disciplinary Committee which was made on the 23rd of March 2009.

When parties appeared before this Court the respondent raised points in limine i.e.

That the respondent filed its application well out of time i.e. about (3) three months after the hearing.

He did not even file an application for condonation of the late application.

Applicant did not exhaust the internal remedies provided in the Code of Conduct.

The application for leave to appeal to the Supreme Court was dismissed as there were no prospects of success on appeal in that:

Applicant had failed to exhaust local remedies.

The review matter could not be decided as it was not properly before the Labour Court.

Applicant only filed his application for review after three months.  When he appeared in Court he had not even filed an application for condonation of the late filing of the review.

In view of these irregularities the Court found that application was not properly before this Court.