Supreme Court Rules Workers Can Approach Labour Court Directly

BY STAFF REPORTER

The Supreme Court has ruled that workers challenging disciplinary decisions made under a registered employment code do not have to first approach a labour officer before taking their disputes to the Labour Court.

The ruling came after the court dismissed an appeal by Delta Beverages in a case involving former employee Mufaro Muchetu, who challenged his dismissal following disciplinary proceedings at the company’s Southerton plant.

Muchetu was dismissed after being found guilty of working while under the influence of alcohol. Following the disciplinary proceedings, he appealed internally before the Works Council but, after losing that appeal, proceeded directly to the Labour Court.

Delta Beverages challenged that approach, arguing that amendments to the Labour Act required Muchetu to first refer the dispute to a labour officer in terms of section 101(5) of the Act before approaching the Labour Court.

The Supreme Court rejected the argument.

“There is therefore no requirement that the respondent must proceed in terms of s 101(5) first before eventually finding his way to the Labour Court,” the court held.

The judgment effectively confirms that employees whose disciplinary proceedings are governed by a registered employment code have a choice of pursuing the labour officer process or approaching the Labour Court directly, once the relevant internal disciplinary and appeal procedures have been exhausted.

The decision provides an important clarification on the interaction between registered employment codes and the dispute-resolution procedures contained in the Labour Act.

For employees, the ruling means that the labour officer route is not necessarily a compulsory preliminary step before seeking relief from the Labour Court. For employers, it underscores the importance of understanding the procedural rights available to employees under registered employment codes.

The Supreme Court's decision is therefore likely to have wider implications for employment disputes in Zimbabwe, particularly cases involving disciplinary proceedings conducted under registered employment codes.