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UZ loses chance to appeal

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THE University of Zimbabwe (UZ) is set to fork out $290 000 after its application seeking leave to appeal to the Supreme Court, contesting the compensation of two former researchers was dismissed by the Labour Court last week.

By CHARLES LAITON

The UZ had made the application which was heard by Labour Court judge Justice Lillian Kudya, who dismissed it on the basis that the intended appeal to the Supreme Court was bound to fail.

The two former researchers Kwanele Muriel Jirira and Louis Masuko were fired in 2010 after they declined to be transferred from the Institute of Development Studies to the economics department.

They then contested their dismissal at the Labour Court and were granted a compensation order in November 2013.

The court ordered that Jirira should be paid $156 852, 13 and Masuko $134 362 respectively.

However, the UZ then sought to challenge the court’s decision and sought leave to appeal, but Justice Kudya dismissed it with costs.

In her judgement, Justice Kudya said: “The major consideration is whether applicant (UZ) enjoys good prospects of success on appeal. It was argued that since there are other related matters on appeal to the Supreme Court, then all the cases should be sent there for that court to deal with all the matters.

“Those arguments with respect are not proper considerations for allowing a matter to proceed to be argued in the Supreme Court. Counsel ought to have sought to move the court on the basis of whether or not his client enjoyed good prospects of success on the merits of the matter.”

Justice Kudya further said the prospects of success on the merits had not been placed before her and, as such, the UZ’s application would not stand.
“The appeal raises no question of law. In the result, this application for leave to appeal this court’s decision of November 22 2013 must fail. Application for leave to appeal be and is hereby dismissed with costs,” Justice Kudya ruled.

The pair was represented by Marufu Mandevere, while Advocate Ray Goba appeared for the UZ.

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