HEYWOOD INVESTMENTS (PRIVATE) LIMITED t/a GDC HAULIERS
SUPREME COURT OF ZIMBABWE
MALABA DCJ, GARWE JA & GOWORA JA
HARARE, FEBRUARY 4 & JULY 9, 2013
A Mugandiwa, for the appellant
No appearance for the respondent
GOWORA JA: After hearing counsel for the appellant in this matter, we allowed the appeal with costs and ordered that the matter be remitted to the court a quo for the application placed before it by the respondent to be determined on the merits. The respondent, despite having been served with a notice of the hearing through his legal practitioners of record, was not represented. It was indicated that reasons would follow in due course. These are they.
The respondent was employed by the appellant as a security sergeant. On 23 March 2006 he was dismissed from employment on allegations that he had been involved in theft of diesel from a vehicle parked in the premises he was guarding. He successfully appealed to the Labour Court against the dismissal. The Labour Court ordered that the respondent be reinstated to his former position with full benefits, and that should reinstatement be no longer possible, he be paid damages in lieu thereof. In the event of the parties failing to agree on the damages they were free to approach the Labour Court for quantification of the damages. The appellant then appealed to the Supreme Court which upheld the decision of the Labour Court on 18 January 2010.