Kusona Trading Pvt Ltd v Lloyd Zinyemba and 4 Others

### Preamble
IN THE LABOUR COURT OF ZIMBABWE HELD AT HARARE ON 23 JUNE 2025
JUDGMENT NO LC/H/240/25
CASE NO 1293/24
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IN THE LABOUR COURT OF ZIMBABWE HELD AT HARARE ON 23 JUNE 2025

JUDGMENT NO LC/H/240/25

CASE NO 1293/24

IN THE MATTER BETWEEN

KUSONA TRADING PVT LTD	APPELLANT AND

LLOYD ZINYEMBA AND 4 OTHERS	RESPONDENTS

Before the Honourable Kudya J

For the Appellant	WM DIARRA Legal Practitioner

For the Respondents	All in person

Kudya, J

On 23 June 2025 this court handed down order LCH479/25 which read as follows:

“Appeal being merited it be and hereby succeeds.

Cross appeal being without merit be and is hereby set aside. The arbitral award is set aside in its entirety.

In the place of the arbitral award, parties may have a relook into the conduct which they classify as unfair dismissal together with the legitimate expectation issue as a single issue, taking into account the fact that, it is the employees’ view that they had a legitimate expectation of being re engaged by the employer which gave rise to the view that they were unfairly dismissed .

Each party bears own costs.”

The order was quizzed during the daily return checks as not setting out with sufficient particularity how the matter had been disposed of. The court conceded the anomaly and requested that parties present before it to exercise its powers in terms of section 92 C of the Labour Act to correct the patent flaw in the order.

The court was however advised by the office of the Registrar that the parties had telephonically agreed that the amended order be effected in their physical absence. It is in the spirit of that go ahead that, the order of 23 June 2025 is amended to read as follows :

The main appeal be and is hereby allowed.

Paragraph 4 of the arbitral award handed down by Honourable Arbitrator P Chirongoma on 20/11/24 be and is hereby set aside and substituted with the following “The claimants’ claim to be re engaged by the respondent be an dis hereby set aside .”

The cross appeal being without merit in its entirety it be and is hereby dismissed.

Each party bears own costs.

Coghlan, Welsh and Guest	Appellant’s Legal Practitioners