Tafadzwa Sakarombe v Telone (Pvt) Ltd & Anor

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/201/2021
HARARE, 4 OCTOBER 2021
5 NOVEMBER 2021
CASE NO LC/H/APP/350/20
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO LC/H/201/2021

HARARE, 4 OCTOBER  2021&			   CASE NO LC/H/APP/350/20

5 NOVEMBER 2021

In the matter between:-

TAFADZWA SAKAROMBE				APPLICANT

AND

TELONE (PVT) LTD					1st RESPONDENT

AND

ITAI NYANHONGO					2nd RESPONDENT

Before the Honourable Kudya J

For the Applicant		Utsiwembanje (Legal Officer)

For the 1st Respondent	No appearance

For the 2nd Respondent	Muchini (Legal Practitioner)

KUDYA, J:

On the set down of this application for confirmation of a ruling in the matter between Itai Nyanhongo and Telone the employer defaulted court despite service.  The default notwithstanding the court invited the labour officer’s representative and the employee representative to address it on whether the matter was not in breach of Isoquant vs Darikwa N.O CCZ  6/20. On account of the fact that the labour officer commenced conciliation proceedings and issued a certificate of no settlement and presided over the same matter to conclude on submissions made before him the impression created was that he had faulted Isoquant (Supra). The labour representative and the employee representative stated for the record that in their opinion the matter not in breach of Isoquant (Supra).  Their argument was that the labour officer did not act as what was frauned upon in Sakarombe N.O v Montana Meats SC-44-20 where it was held that a labour officer could not preside over a review or appeal of  a matter where proceedings were concluded by the Internal Appeal structures. They both contended that the matter was regular and ought to be granted the confirmation relief sought.

Upon a reading of the papers on file and listening to the submissions made orally by the parties present the court is persuaded that the matter is good at law and subject to a default order as prayed for by the parties.  The concern about the propriety of the matter being misplaced therefore falls away. The court consequently returns a default verdict on the matter.

IT IS ORDERED THAT

Application for the confirmation of a ruling in the matter between Itai Nyanhongo and Telone be and is hereby granted in default of Telone despite service.  The ruling in the matter between Itai Nyanhongo and Telone be and is hereby confirmed. Itai Nyanhongo’s claim for unfair dismissal be and is hereby dismissed.  Telone pays Itai Nyanhongo terminal benefits amounting to US6373 or the equivalent on the prevailing interbank rate within 30 days of this order.

Each party bears own costs.

Kachere Legal Practitioners, 2nd Respondent’s Legal Practitioners