Geodynamics (Pvt) Ltd v Isaac Baureni

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/480/2016
HARARE, 30 JUNE 2016 &
CASE NO LC/H/APP/1438/2015
5 AUGUST 2016
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IN THE LABOUR COURT OF ZIMBABWE	         JUDGMENT NO LC/H/480/2016

HARARE, 30 JUNE 2016 &			          CASE NO LC/H/APP/1438/2015

5 AUGUST 2016

GEODYNAMICS (PVT) LTD						APPLICANT

ISAAC BAURENI								RESPONDENT

Before the Honourable G Musariri, Judge

For the Appellant	N Mukandagumbo (Attorney)

For the Respondent     W Chishiri (Attorney)

MUSARIRI J:

The applicant applied for condonation of late filing of application for the review of two arbitration awards. The respondent opposed the application. I will deal with the matter under the subtitles “Delay” and “Prospects.”

Delay

The first award is dated 5th November 2013.

The second award is dated 22nd October 2014.

This application is dated 2nd December 2015.

Thus in respect of the first award the delay is two years. Whilst for the second award it is one year. I consider such delays as inordinate. A reasonable explanation is required for such delay. The explanation given was that the parties engaged each other with a view to settle the matter amicably. At the end of the day they deadlocked at which point the applicant then instituted these proceedings. The applicant once filed an appeal which was dismissed by reason of their failure to appear at the hearing. The explanation is unsatisfactory especially considering the two years’ delay concerning the first award.

Prospects

The applicant relied on the draft application for review which is attached to his papers. The draft lists the grounds for review as:

Grossly unreasonable award such that the arbitrator must have had an interest in the matter;

Audi alteram partem rule;

Gross irregularities in the matter; and

Illegality in that award fell outside terms of reference.

There was little attempt to explain or clarify the grounds. However in the interests of justice I am prepared to give the applicant the benefit of doubt only in relation to the second arbitration award. I withhold or reserve my comments concerning the grounds in the draft for fear of pre-judging the proposed review.

Wherefore it is ordered that:

The application for condonation be and is hereby partially allowed;

The applicant shall file its application for review of the arbitration award dated 22nd October 2014, issued by Arbitrator M Gadaga, within fifteen (15) day of this order; and

Each party shall bear its own costs.

G Musariri

J-U-D-G-E