LABOUR COURT DISMISSES PEACE SECURITY’SAPPLICATION FOR CONDONATION

BY JAMES MUTASA

The Labour Court has recently dismissed Peace Security Company’s application for condonation for late noting of a review in a matter against its former employees who are alleging unfair dismissal.

In his application for condonation for late noting of a review to the Labour Court, Marenga Banda, the Human Resource Manager of Peace Security (Pvt) Ltd who was represented by Timothy Chinyanganya of Matarutse and Partners had argued that, “The Registrar indicated that she is now functus officio and the only remedy was to proceed in terms of rule 36 of the Labour Court Rules so that this Honourable Court will set aside the decision of the Registrar. I therefore implore this Hounorable Court to reinstate this matter to enable the Applicant to file its heads of Argument,’ said Banda who went on, ‘I therefore submit that the Respondent will not suffer any prejudice if this matter is reinstated.

“I therefore implore this Honourable Court to reinstate the Appeal Case number 663/23 to enable it to be on the merit,” Banda added.

Cremio Mabauwa one of the 12 unfairly dismissed employees had told the judge that, ‘Applicant realized that his case lacks merit and hence Applicant deliberately ignored to file heads of argument of his notice of appeal against the Designated Agent’s determination despite physically served by Respondent with the Notice of Response and constant and spirited follow up reminders to file heads by Respondent.’

Peace Security (Pvt) Ltd, a company which claims to provide the highest possible standards of service delivery training and manpower development in the security industry had appealed to the Labour Court against the decision of Designated Agent of the Security Industry Patience Chitsika who had determined that Cremio Mabauwa and 11 others had a legitimate expectation of being re-engaged.

Offended by the Chitsika determination Peace Security (Pvt) Ltd engaged a legal practitioner Timothy Chinyanganya to fight against determination at the Labour Court, a move which at the present moment is proving to be futile as Chinyanga’s appeal was thrown out of the courts by Justice Lillian Hove Hove.

“It is our humble prayer that justice will be eventually served, as unfairly dismissed employees we have complete faith in the court process’ Mabauwa told The Worker.

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