Wonder Simuka v Montana Carswell Meats (Pvt) Ltd

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/260/2020
HARARE, 28 OCTOBER 2020
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE      JUDGMENT NO. LC/H/260/2020

HARARE, 28 OCTOBER 2020		                CASE NO. LC/H/APP/171/20

AND 20 NOVEMBER 2020

In the matter between:-

WONDER SIMUKA						Applicant

And

MONTANA CARSWELL MEATS (PVT) LTD			Respondent

Before Honourable B.S. Chidziva, Judge

For Applicant		Mr K. Gama (Legal Practitioner)

For Respondent		Mr D.T. Matawu (Legal Practitioner)

CHIDZIVA, J:

This is an application for leave to appeal against the decision of this Court that was handed down on 5 June 2020. This Court dismissed the applicant’s appeal against the decision of the appeals officer to dismiss him from work for engaging in fraud and or theft in the course of his employment.

The applicant’s grounds for this application are that

This court did not canvass the essential elements of theft or fraud.

There are prospects of success as there was circumstantial evidence.

The Respondent in response argued that the essential elements of theft/fraud had been proved through the evidence that was presented.

The factor to be considered in these applications is whether there are prospects of success on appeal.

Theft has always been defined as taking another person’s property with the intention to deprive that person of that property permanently. Fraud also comprises of making a misrepresentation which causes prejudice to the other person.

This money was in the applicant custody. He chose to use papers instead of the system provided for. He even used to correct the Manager on the accounting system. He was very much aware of what was required in the accounting systems. His intention was to steal or defraud the company.

The factor in these applications is whether there are prospects of success on appeal.

It has always been a trite principle of law that Labour matters should not be dealt with on technicalities. The evidence is clear that the applicant intended to steal or defraud the company.

I do not find anything that is arguable in this case.

In the circumstances the application being unmerited.

IT IS ORDERED THAT

The application for leave to appeal be and is hereby dismissed.

Applicant shall bear costs.

Gama and Partners, appellant’s legal practitioners

Coghlan, Welsh & Guest, respondent’s legal practitioners