Foster Musindo v IMTEC Sales & Anor

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/152/14
HELD AT HARARE 24TH FEBRUARY 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO LC/H/152/14

HELD AT HARARE 24TH FEBRUARY 2014		CASE NO LC/H/11/13

& 28TH MARCH 2014

In the matter between:-

FOSTER MUSINDO					Appellant

And

IMTEC SALES					1st Respondent

And

MINISTRY OF LABOUR				2nd	Respondent

Before The Honourable L Hove, Judge

For Appellant		Mr W Murambidza (Trade Unionist)

For Respondent		No appearance

HOVE, J:

This is an appeal against a decision made by the Minister of Labour and Social Services who had been cited as the 2nd respondent in these proceedings.

The appeal against the Minister was withdrawn and only the 1st respondent remained as the respondent in this matter.

When the appeal came up for argument, a preliminary point was raised by the respondent that the appeal was improperly before the court as the court lacked the necessary jurisdiction.

In support of this preliminary issue, the respondent argued that the court can only entertain appeals in terms of the Labour Act [Chapter 28:01] (The Act).  In casu the act does not provide for an appeal against ministerial decisions made pursuant to the provisions of section 12 C (a) of the Act.

The Act provides for the courts appellant powers in terms of section 89 (1) (a) of the Act.  This section does not confer appellate jurisdiction on the court in relation to decisions made by the Minister in terms of section 12 C (9).

It was argued that the only instance when the Minister’s determination may fall before the Labour Court is for review.  This is so because the Labour Court has inherent and original review jurisdiction akin to that enjoyed by the High Court but only in relation to labour matters.  Provisions of section 89 (1) (di) of the Act confers this jurisdiction on the Labour Court.  It provides as follows;

Functions, powers and jurisdiction of Labour Court

89 (1) The Labour Court shall exercise the following functions:

…..

…..

…..

…..

(di) exercise the same powers of review as would be exercisable by the High Court in respect of labour matters.

The appellant’s representative argued in response that the court has the

requisite powers pursuant to the provisions of section 110 B of the Act.

That section provides for appeals to the Labour Court where a person or party is aggrieved by a show cause order or a disposal order.  It clearly does not deal with ministerial decisions in relations to retrenchments under section 12 C (9) of the Act.

I have not been able myself to find a section in the Labour Act that confers such jurisdiction.

Accordingly I must uphold this preliminary point and find that the matter is improperly before me.

I therefore make the following order,

The matter is struck off the role as being improperly before the Court.