Halwick Investments (Private) Limited t/a Whelson Transport & Martin Mawire N.O. v Samson Geti

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/40/2023
HARARE, 30 JANUARY 2023 &
CASE NO LC/H/687/2022
3 FEBRUARY 2023
LC/H/49/2022
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO LC/H/40/2023

HARARE,  30 JANUARY 2023 &			   CASE NO LC/H/687/2022

3 FEBRUARY 2023					                     LC/H/49/2022

In the matter between:-

HALWICK INVESTMENTS (PRIVATE) LIMITED		1stAPPLICANT

t/a WHELSON TRANSPORT

MARTIN MAWIRE  N.O.						2nd APPLICANT

SAMSON GETI							RESPONDENT

Before the Honourable Kudya J

For the Applicant			A. Mugandiwa (Legal Practitioner)

For the Respondent			Crispac Chisasa

KUDYA, J:

This is an application for leave to appeal against the decision of the labour court where it ruled that the employer’s notice of opposition was bad at law on account of the fact that there was no formal board resolution authorising the deponent to the opposing affidavit to depose to facts on behalf of the employer and that the legal practitioners for the employer had not filed an assumption of agency.

The test for leave to appeal is settled  See Dombodzvuku v CMED SC-31-12.  It must be demonstrated by the applicant that the intended appeal raises questions of law.  In the case at hand the issues raised are whether the absence of a resolution and the assumption of agency can result in a notice of opposition being adjudged defective and warranting that the matter be treated as an unopposed matter.  Such an enquiry clearly raises questions of law which the Supreme Court can be seized with to determine.

The court is satisfied that the application for leave to appeal is merited. It should therefore succeed.

IT ORDERED THAT

Application for leave to appeal being merited it be and hereby succeeds.  Each party bears own costs.

Wintertons, Applicants’ Legal Practitioners