George Kambariro v Natural Stones Export Company

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO.LC/H/484/2013
HELD AT HARARE ON OCTOBER 1, 2013
CASE NO.LC/H/735/2012
AND 11 OCTOBER, 2013
JUDGMENT NO.LC/H/484/2013
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IN THE LABOUR COURT OF ZIMBABWE	   	JUDGMENT NO.LC/H/484/2013

HELD AT HARARE ON OCTOBER 1, 2013   		CASE NO.LC/H/735/2012

AND 11 OCTOBER, 2013

In the matter between:

GEORGE KAMBARIRO	 				:	Appellant

And

NATURAL STONES EXPORT COMPANY		 : 	Respondent

Before The Honourable E. Makamure, J.

For The Appellant	:	Mr T. Chigubu (Trade Unionist)

For The Respondent:	Ms G. Ncube (Legal Practitioner)

MAKAMURE, J.

This is an appeal against the decision of the Respondent to dismiss the Appellant.

The matter was determined in terms of The Collective Bargaining Agreement Mining Industry (Code of Conduct) Statutory Instrument 165 of 1992 (S.I. 165/92).

Part 3 of the S.I. 165/92 provides a detailed appeals procedure which an employee who has been aggrieved by a decision should take.  The Appellant did not follow this procedure.  The record shows that the Appellant did not wish to appeal.  He obviously is of a different mind now.  That is his right.  This is why he approached this Court.  Approaching this Court before exhausting domestic remedies is improper. [See Zikiti v United Bottlers 1998(1) ZLR 389 (H)].  What this means is that the Appellant is not properly before this Court.   The matter should be referred back to the employer so that the Appellant can follow the appeal procedure laid down in S.I. 165/92.

Accordingly, it is ordered that the matter be and is hereby referred back to the employer in order for domestic remedies to be exhausted.  Such process should be completed within fourteen (14) days of the parties receiving this order.

Mining Workers Union of Zimbabwe Representatives for The Appellant.

Coghlan, Welsh & Guest, Legal Practitioners for the Respondent.