Judgment No. SC 12/18
Chamber Application No. SC 179/15
Aggrieved by their dismissal from employment they approached the Labour officer
complaining of unfair dismissal. The Labour Officer in turn referred their grievance for
arbitration. The arbitrator ruled in their favour and made an award of reinstatement and in the
alternative damages in lieu of reinstatement.
Dissatisfied with the Arbitration award, the applicant appealed to the Labour Court
without success. Unhappy with the decision of the Labour court, the applicant sought leave to
appeal to this court. On 5 April 2013 the Labour Court granted the applicant leave to appeal to
this Court.
The applicant did not however reinstate the respondent as ordered by both the
Arbitrator and the Labour Court. As the result the respondents approached the Arbitrator for
quantification of damages in lieu of reinstatement. The Arbitrator assessed damages in the
amounts of US$156 852.13 and US$134 362. 00, respectively.
Aggrieved by the quantification award, the applicant once again appealed against
that award to the Labour Court. Despite the appeal, the respondents proceeded to register the
award with the High Court for enforcement. A writ of execution and attachment of the
applicant’s property was subsequently issued. The applicant made an urgent application for
stay of execution without success. It then successfully appealed to this court for stay of
execution pending appeal under judgment number SC 6/12.
The applicant’s appeal against the quantification award was subsequently
dismissed by the Labour Court. Its complaint is that CHIVIZHE J granted the application for
dismissal of the appeal without a formal hearing of the appeal. They allege that despite
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