SC 68-14 MUDENDA v LION MATCH LIMITED

DANIEL     MUDENDA

v   

LION     MATCH     LIMITED

 

SUPREME COURT OF ZIMBABWE

HARARE, OCTOBER 10, 2012 & SEPTEMBER 3, 2014

The applicant, in person

L Uriri, for the respondent

Before MALABA DCJ, in Chambers.

This is an application for leave to appeal against a judgment of the Labour Court.  The Senior President refused leave to appeal.  After the hearing of the application, the applicant indicated that he wished to withdraw the matter.  The respondent correctly insisted that the question whether leave to appeal be granted or not should be determined.   The applicant did not tender costs when he purported to withdraw the application.

Apart from the failure by the applicant to tender costs, the respondent is entitled to a decision on the merits of the issues raised once the application for leave was heard.  The application was heard so that the issue whether or not leave to appeal should be granted was determined.  There cannot be a hearing which is not followed by a determination of the issue in respect to which the hearing is held.  The applicant had no right to withdraw the application at the stage of the proceedings in which judgment is awaited.

The appeal intended to be made to the Supreme Court should leave be granted would have no prospects of success.  The application is without merit.  The facts show that the applicant agreed with the respondent that a new contract of employment be entered into taking into account changes brought about by the dollarization of the economy in March 2009.  Both parties understood that the services rendered by the applicant in the performance of his work with the respondent needed to be valued and paid in United States Dollars.

The applicant received the document containing the proposed terms and conditions of the new contract of employment.  The new contract made no reference to certain allowances.  The applicant had three days within which to study the terms and conditions on which the new contract was being offered.  He then had to decide whether to accept or reject the offer.

2014

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