Manhattan Grill & Pub v Memory Mukorera & Another

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/341/16
HELD AT HARARE 30 MARCH 2016
CASE NO
JUDGMENT NO LC/H/341/16
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IN THE LABOUR COURT OF ZIMBABWE			JUDGMENT NO LC/H/341/16

HELD AT HARARE 30 MARCH 2016				CASE NO LC/H/498/15

& 27 MAY 2016

In the matter between:

MANHATTAN GRILL & PUB				Appellant

And

MEMORY MUKORERA & ANOTHER			Respondents

Before The Honourable B S Chidziva, Judge

For Appellant			Mr M Chisi

For Respondents		Mr G Maoneka

CHIDZIVA, J:

This is an appeal against the arbitral award by Honourable arbitrator Bare that was handed down on 12 May 2015.

When the parties appeared before me on 30 March 2016 the respondents raised a point in limine to the effect that they had not been served with the notice of appeal.  In their heads of argument they stated that they had not received the appeal through notifications by the Registrar.  The respondents filed the notice of response.  Both parties have already filed heads of arguments.

Rule 15 (2) (b) of the Labour Court Rules states that service by the Registrar is sufficient notice.

This therefore means that respondents were properly served.  Appellant as a self actor was also not obliged to file heads of arguments.

In view of all this the court finds that the point in limine lacks merit.

Accordingly it is ordered that

The point in limine be and is hereby dismissed.

The Registrar is directed to set down the appeal for hearing.