RESERVE     BANK     OF     ZIMBABWE

v

1. T. LLOYD     MUFUDZI     (2)     RICHARD     USEYA     (3)     NYASHA     CHIKAZAZA     (4)     WARAIDZO      TANDI

SUPREME COURT OF ZIMBABWE

GOWORA JA, BHUNU JA & ZIYAMBI AJA

HARARE, JUNE 26 2017

V. Mukwachari, for the appellant

T. Marume, for the respondents

ZIYAMBI AJA:

[1]        This is an appeal against a judgment of the Labour Court dismissing an application for condonation of the late filing of an application for leave to appeal to the Supreme Court.

[2]        It arises from the facts set out briefly hereunder. The appellant, in 2010, embarked on a retrenchment exercise which affected the respondents, among others. Following the usual negotiations with the works council, a retrenchment agreement was concluded between the appellants’ and the respondents’ representatives on 8 December 2010.  Thereafter pursuant to this agreement each respondent was requested to, and did, sign an ‘Acknowledgement Form’ containing the agreed terms of the retrenchment. With specific reference to motor vehicles and lap tops, the agreement provides:

“Vehicle    +5years – Drive out

                 -5years -  Calculated at book value