Judgment No. SC 26/18 1
Civil Appeal No. SC 164/16
REPORTABLE
(19)
T. M.
(1)
ITAYI
SUPERMARKETS (PRIVATE) LIMITED
v
NKOMO (2)
THEMBINKOSI NYATHI (3)
KHUMBULA TSHILI
NICHOLAS
SUPREME COURT OF ZIMBABWE
GARWE JA, GOWORA JA & BERE AJA
BULAWAYO: NOVEMBER 28, 2016 & MAY 8, 2018
T. Mpofu, for the appellant
Respondents in person
GOWORA JA: This is an appeal against the whole judgment of the Labour Court
which dismissed an appeal against an Arbitral award issued in the respondents’ favour.
The salient facts in this matter are the following. In 1995 the appellant employed
the respondents as shelf packers and they rose through the ranks. At the commencement of the
dispute they were employed as Section managers at TM Supermarket, Lobengula Street, Bulawayo
under the M2 grade in terms of the appellant’s grading system. Their remuneration was paid in
accordance with their contracts of employment and in conformity with the relevant Collective
Bargaining Agreement.