Murahwa Hills Primary School v Peter Jhava

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/614/16
HARARE 28TH SEPTEMBER, 2016
CASE NO. LC/H/APP/557/16
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IN THE LABOUR COURT OF ZIMBABWE	    JUDGMENT NO. LC/H/614/16 HARARE 28TH SEPTEMBER, 2016 		    CASE NO. LC/H/APP/557/16

AND 7TH OCTOBER, 2016

In the matter between:-

MURAHWA HILLS PRIMARY SCHOOL				Applicant

AND

PETER JHAVA								Respondent

Before The Honourable Mhuri, J.

For Applicant:	Mr. B.N. Mungure (Legal Practitioner)

For Respondent:	Mr. A.T. Nhidza (Legal Adviser ZFTU)

MHURI J.

This is an application for interim relief by Applicant.

On the 30th April, 2016 the Arbitrator issued an award ordering Applicant to pay Respondent grade 4 salaries.

In the event of the parties failing to agree, the parties were to go back to the Arbitrator within 14 days for quantification.

Aggrieved by the award, Applicant noted an appeal to this court on the 19th May, 2016.

On the 2nd June, 2016 Applicant filed this application for interim relief in terms of Section 92 E (3) of the Labour Act seeking the suspension of the arbitral award pending the determination of its appeal.

In terms of Section 98(10) of the Act, the appeal was properly noted.

This section allows an appeal from any decision of an Arbitrator.  Applicant therefore did not need to wait until the award is quantified for it to appeal.

As at the date of hearing, neither party, particularly Respondent went back to the Arbitrator to have the award quantified as stated in the award.

Applicant’s grounds of appeal as stated in the notice of appeal raise questions of law, vis the issue of Section 63 of the Act being ultra vires the Constitution, the issue of res-judicata and it also challenges the Arbitrator’s award of payment of grade 4 salaries when he had found that Respondent was a general hand who is a grade 1 employee.

I find that Applicant has a reasonably arguable case on appeal and has prospects of success on appeal.

In the result, interim relief is to be granted.

It is therefore ordered that –

The arbitral award issued on the 30th April, 2016 be and is hereby suspended pending the determination of Applicant’s appeal pending in this Court.

Costs shall be in the cause.

MAKOMBE & ASSOCIATES – Appellant’s legal practitioners

ZFTU – Respondent’s representative