Pharisy Chikafa v Innscor Africa Ltd and 4 Others

### Preamble
THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO.LC/H/158/13
HELD AT HARARE ON 13TH May, 2013
CASE NO.LC/H/680/11
In the matter between:
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THE LABOUR COURT OF ZIMBABWE	         JUDGMENT NO.LC/H/158/13

HELD AT HARARE ON 13TH May, 2013	        CASE NO.LC/H/680/11

In the matter between:

PHARISY CHIKAFA						   Applicant

And

INNSCOR AFRICA LTD AND 4 OTHERS			Respondent

Before the Honourables L. Hove, President

E. Muchawa, President

(IN CHAMBERS)

MUCHAWA P:

HOVE P:

Applicant has filed an Urgent Chamber Application for contempt of Court in terms of Rule 35 of the Labour Court Rules.

This Honourable Court made a judgment under Case No. LC/H/484/12 and ordered Respondent to hear Appellant’s appeal. Honourable Makamure E.

“remitted the matter to the Respondent to hear the Appellant’s appeal in terms of paragraph 8(5) of S.I. 15/2006 within 14 days of the order”.

Following that Court Order Applicant approached the 1st Respondent to have the internal appeal finalised. It is Applicant’s submission that Respondent has proceeded to hear the disciplinary matter de novo instead of hearing the appeal.

The employer at that stage ought to have heard the appeal and not to hear the matter de novo as it has sought to do.

The proceedings initiated de novo are therefore unlawful and not in compliance with the order by President E. Makamure.

For the avoidance of doubt the employer is to deal with the appeal as ordered by President Makamure and not institute fresh proceedings.

In the result we order as follows:-

The Respondents are ordered to comply with the decision by President Makamure, forthwith.

The disciplinary proceedings initiated by the employer de novo are unlawful and therefore barred.

Costs are to be borne by Respondents.

………………………………………..

E. Muchawa

…………………………………………

L. Hove

Matsikidze & Mucheche – Applicant’s Legal Practitioners