Lloyd Masarirambi v C M E D (Private) Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
LC/H/830/2014
HARARE, 25 NOVEMBER 2014
JUDGMENT NO LC/H/830/2014
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IN THE LABOUR COURT OF ZIMBABWE	  JUDGMENT NO LC/H/830/2014

HARARE, 25 NOVEMBER 2014 &		     CASE NO LC/CON/H/30/2013

19 DECEMBER 2014

In the matter between

LLOYD MASARIRAMBI							APPLICANT

Versus

C M E D (PRIVATE) LIMITED						RESPONDENT

Before The Honourable FC Maxwell    :   Judge

For the Applicant	       Mr D C Ngwerume   (Legal Practitioner)

For the Respondent    Ms N Mangidza   (Legal Practitioner)

MAXWELL J:

This is an application for condonation of late noting of an appeal. The applicant was found guilty of breaching section 18.3 (12) of the respondent’s Code of Conduct. He was alleged to have fraudulently requested for $5-00 parking fees instead of $2-00 established by management. He was dismissed and subsequently followed the wrong route on appeal. The applicant was a self-actor at the time. The National Employment Council for the Motor Industry subsequently advised the applicant that the appeal lies with the Labour Court.

The applicant filed this application on 18 March 2013. The respondent filed a notice of opposition on 22 May 2014. Counsel for the respondent did not file heads of argument. At the hearing of the matter the parties agreed to have it decided on the papers.

For such an application to succeed, the applicant must reasonably explain his delay and show that there are good prospects of success on appeal. See Paul Friendship v Cargo Carriers Ltd & Anor SC-1-13.

I find the applicant’s explanation for the delay reasonable. A letter from the National Employment Council for the Motor industry confirms that the applicant had appealed to the wrong forum. I am satisfied that there are prospects of the applicant’s appeal succeeding. The applicant has raised issues which may sway the appellate court in his favour. I am therefore inclined to grant the application.

Wherefore I order as follows:

Late noting of appeal be and is hereby granted.

The applicant is to file a notice of appeal within seven days of this order.

There is no order as to costs.

Hamunakwadi, Nyandoro & Nyambuya, applicant’s legal practitioners

T K Hove & Partners, respondent’s legal practitioners