Statutory Instrument 150 of 2A17.

[CAP.28:01

Labour Court Rules, ZO|T

ARRANGEMENT OF RULES

PARTI: pnnrnrNany

Rule

1. Title.\x 2. Application.

3. Interpretation.4. Computation of time amd certain presumptions as to time.5. Sittings and vacations of Labour Court.

PART IISrnvtcr or Doctrvrel.rs

6. Interpretation in Part II.7. Address for service and chamge of address for service.8. Persons who may effect service of docrrments and manner and

time of service.9. Service where person to be served prevents service or caru1ot

be found.10, Substituted service.11. Proofofservice.

PARTtrI

Dprrnuruauou op Marrrns sy LABouR Corirr

\*/' 12. Informality of proceedings.13. Labour Court Record Book.14, Court applieations.- 15. Application for an order by a Labour offrcer or Designated

Agent in tenns of Section 93 5(a), 5ft) and (c) of the Ac-t.16. Application by the Minister in tenns oisection 120 ofAet.17. Chamber applications18. Urgent ChmberApplications.19. Appeals and cross appeals2A. Reviews,

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I-abour Court Rules ,2OI'7

Rule

21. Reoord preparation (indexing, pagination and binding).22. Application for condonation oflate noting of an appeal or review.23. lnterlocutory and other applications.24. Adoption of incorrect form of application.25. Assumption and renunciation of agency where either parby

represented by legal practitioner.26. Heads of argument.27. Settlements and withdrawals.28. Set-down of matters. l,29. Where parff fails to file notice of response.30. Witnesses.3I. Pre-hearing stage.32. Deparhrre from rules.33. Joinder of parties and actions.34. Hearings of applications.35. Adjournmerils and postponements.36. Reinstatement of matters.37 . Default judgment entered where party or witress fails to appear.38. Consent to judgnent.39- Costs.40. Applications for rescissions or alterations ofjudgments.4I. Stayofexecution.

PART IV

GBNSRAL

42. Precedents and binding nature ofdecisrons.43. Leaveto appeal againstdecisions ofCourt.44. Referral in tenns of section 175(4) of the Constitution. \,45. Conduct anddress ofpersons appearing and attending court.46. Abandonment of matters.47. Forms.

ScneDu-E: Forms.

IT is hereby notifled that the Judges ofthe labour Court have,in terms of section 90(3) of the l-abour Act lChapter 28:011 and withthe approval of the Chief Justice and the Minister of Justice, Lrgaland Parliamentary Affairs, made the following rules:-

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S.I 150 of 20I'7

PARTI

PrtELh,nNARy

Title

1. These ruJes may be cited as the Labour Court Rules ,20L7 .

Application

2. These rules shall apply to all proceedings in the Labour Court.

Interpretation

3. In these rules -o'Act"

means the LabourAct lChapter 2B:0lJ;"Court" means the Labour Cotrrt;

'' Form" me ans the appropriate f orm pre s crib ed in the S che dule ;

"legal practitioner" means a legal practitioner registered interms of the tcgal Practitioners Act lchapter 2T:0\;

"Judge" meafls ajudge ofthe Court rcfened to in secti onl7u(l)(b) of the Constitution and includes the Senior Judge;

"Miuistet" mears, subject to sectiou 83 of theAct, the Ministerof Public Service, Labour ancl Social Welfare or anyother Minister to whom the Fresident may, from tirneto time, assign the aelministration of the Act;

"party" means a person who is a party to a matter befbre theCourt;

"representative" means -"Registrat" means the registrar of the Court appointed in

terms of section S'7(1) of theAct and includes a deputyRegistrar or assistant llegistrar acting in that capaiity;

"responsible individual" in relation to the service of anydocument or sufiImons under these rules, means auindividual who appears rcasonably likely, if he or sheis given a document or sununons that is requirecl to beserued in temns of these rules, either to deliver it to theperson upon whom it is to be served, or otherwise tobring it to that persod s attention;

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l-abour Coutl Rules ,2017

"sheriff ' means the Sheriff forZtmhabwe appointed in termsof section 55 of the l{igh Court Act lChapter 7:061;

"senior Judge" mears the Senior Judge refened to in sectionL72(1Xa) of the Constitution;

(a) a legal practitioner registered in terms of the LegalPractitioners Act fChapter 27 :071;

(b) an off,cial or employee of a registered trade unionor employers organisation of which the party is amember; or

(c) a company leprcsentative.

Computation of time and certain presumptions as to time

4. (1) IJntess a contrary intention appears, where anythingis required by these rules or in any order of the Court to bedone within a particular number of days or hours, a Saturday,Sunday or public holiday shal1 not be reckoned as part of suchperiod.

(2) A person shall be deemed to have received-

(a) service of documents on the duy indicated by theappropriate proof of service mentioned in any of theparagmphs (a) to (e) of rule 11(1);

(b) a certificate of no settlement, by the fourteenth day afterthe date indicated on that certiflcate as the date of issue

thereof to the parties;

(c) for the pupose of rule 19(1)-(i) a determination or direction of the Minister in

terms of section 25, N, 51 ,79 or 82 of the Act,or in terms of any regulations made pursuant tosection L7 of the Act, by the fourteenth duy aftertlre clate indic ate d on that de te rmi nation or di re cti onas the date of issue tlrereof;

(ii) a detennination rnade under an employment cocle

interms of section 101 oftheAct, bythe foufleenthduy after the date indicated on that detenninationas the date of issue thereof;

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S.I. 150 of 2017

(d) forthe purpose of rule ?0(1), notice of terminationof-(i) the investigation of a dispute or unfair labour

practice by the fourteenth day after the dateindicated on a 'ocertificate of no settlernent" as thedate of issue thereof;

(ii) the conduct of any procesdings in terms of anemployment code by the fotrrteenth day after thedate indicated on a detennination issued aftorthoseproceedings as the date of issue thereof;

and any person alleging othenvise shall bear the onus of proof tothe contrary.

(3) The period of twenty-one days shaII, in the case of*(a) an application in terms of rule 1g(1) and z0(1), be

calculated from the last deemed date of receipt of thecertificate, determination, direction or notice referreclto in subrule (2)(b), (c) or (c)(i), as the case may be;

(b) an application where no certiflcate, determination ordirection \,vas issue the proceeclings soughtto be reviewed, be c the thirtieth clay aftei-(i) the labour officer began to atternpt to settle the

dispute or unfair labour practice concerned interms of section 93 of the Act; or

(ii) notificationthatproceedingscode were tobe cornmenced

against him or her in terms of seciion I01(3)(e) ofthe Act;

as the case rnaybe.

Sittings andvacations of Lqbolrr Court

5. (1) In each year the Registrar shall, in consultation with theSenior Judge, publish a calendar: of the sittings and vacations of theCourt for the ensuing year.

(2) The Registrar shall, by notice in the Gazette and in anyother media he or she deerns fit, publish the calendar refeled to insubrule (1).

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PART II

SpnvlcE oF Doct-rvm,xrs

Interpretation in Part II6. In this Part-

"acldress for service" means the acldress nominated by aperson wlrere documents may be served on him or herin terrns of rule 7(t);

"colT[nercial courier service" and "postal licensee" shall

have the meanings given to those terms by the Postal

and Teleconununications Act lCha,pter I 2 :051.

Address .for sentice and change o.f address for sentice

7. (1) Every party shall, at the tirne when he or she notes an

appeal or makes any application, give an addless at which he or she

*"iit accept service in terms of these rules. The address for service

shall be within a raclius of twenty-five kilometres from the registrywhere this appellant or applicant flles the appeal or application:

Provided that the Registrar may refuse to accept any docurnentwhich does not comply with this rule.

(2) Where a party is represented by a legal practitioner or

representative, the pafiy's address for service shall be that of his or

her legal practitioner or representative.

(3) Wh ete a party changes his or her address for service, he

or she shall notify, in writing, the Registrar and the other parties to

the proceeclings of his or her rew address for seryice, and if he or she

fails to make such notif,cation, his or her address for selvice shall be

deemed to be the address given under subrule (1).

(4) Where a party fails to specify his or her address for service,

his or her last known residential address ot'the address of his or her

last known place of business or employment shall be deemed to be

his or her addrcss for service and service at any such addtess shall

be valid:

Provided that where the person to be seryed is detained incustody, service shal1 be by delivery or registered post to the persorin charge of the place where that per'sou is detained.

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S.I. 150 af 2Al7

Persons who n?.oy ffict service ctf docutnents an.d manner ctnd. tirueo,f servtce

8. (1) All notices of set down shall be serued by the Sheriff orhis or her deputy.

(2) All documents not required in terms of these rules to beserued by the Sheriff may be servld upon a person by-

(a) the party who issued the documents; or(b) a party's legal practitioner, representative, agent,

firesserger or couder; or(c) the deputy sheriff;(d) the messerger of court;

in auy of the following ways by-(i) registercd post; or(ii) delivery through a cornmercial courier service; or(iii) personal delivery to that person or to his or her

duly appointed agent; or(iv) deliveryto a responsible incliviclnal at that llerson's

place of w,ork or residential address; or(v) telegraph; or(vi) telefacsimile.

(3) SeIl ice o1'documents in tenns of these rules shall not bevalid if served betrveen 10 p.m. anrJ 6 a.m.

Provided that the service of clocurnents by post, telegralrh,f acsimile or courier shall be valicl whenever seruer].

^

Service where person to be served. preven,ts service ot" cannotbe found

9. \vhere docurnents are to be served, and-(a) the person upon whom they are tc be servecl avoicls or

preyents service; or(b) the person seeking to etfect seruice of the clocuments is

unable, after a diligent search at the residence, place ofbusine s s or employment or adclre s s for s e rv i ce of the peffi orlto be serued, to f,nd that person ora responsible inclividual;

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l-abour Coufi Rules ,2017

it shall be sufficient serice to leave a copy of the documents in atretter box, at or affixed to or near the counter or principal door or gate,

or in some conspicuous place at the rcsidence, place of business or

employment or address for seruice, as the case may be.

Suhstituted sentice

10. Wlrele selyice cannot be effected in the manner prescribed

in rules B and 9, the Court may, uporl evideuce of that fact, make an

orcler allowing service to be effected in any manner as rnay be stated

in such ordetProof of seruice

11. (1) Whele sen/ice of documents has been effected by-(a) registered post, the advice slip, or some other acceptable

proof of delivery pravided by the postal licensee,

(b) the Sheriff, the Sheriff"s out-going mail register orexttact there from certified by the Sheriff;

(c) hand-delivery or courier deliver!, a certificate of sericeor affldavit by the person effecting service, or delivel)'slip, or a copy of the document served duly signed bythe rccipient;

(d) telefacsimile, the electronic rccord of such service,

(e) telegraph, a return from the postal licensee;

shall constitute proof of service"

(2) Where any clocument has been setl'ed on a responsible

iucliviclnal, the name, title and relationship of that individual shall be

stated in the proof of service.

PART III

.Dpru,m,nNATroN or MerrERS nv LenoIrR Coutnr

Info rm ali ty of p ro c e e di n gs

L2.(1) Subjest to these rules, the Court shall conduct any hearing

in such tnanner as it considers most suitable to the clarification ofthe issues, the fair resolution of the matters, and generally the just

handling of the proceedings before it.

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S.I. 150 of Z0L7

(2) The Court may, so far as appear to it appropriate, avoidforrnality in its praceedings and ffi&y, rvhere circumstances waffant it,dlnart from any enactment or rule of law relating to the admissihilityof evidence in proceedings before courls of law generally.

Labour Court Record Book

I.3. The Registrar sh-all, in respeet of every matter for hearirgor determination by the Court, keep an index book to be called theLabour Court Ree or d B ook in which the following shall be recorded -

(a) the number of the case;

(b) the names of the pa;ties;(c) the nature of the ca$e;

(d) the date *nd place of the hearing or determination ofthe case;

(e) the judgment o{'the Court; and

(f) any subsequent proceedings and remarks.

Court applications

L4. (1) A coutt application shall be in Form LCl and shall besupported by one or more affidavits setting out the facts upon whichthe applicant relies together with the draft order.

(2) The applicant shall deposit with the Sheriff an amountto be determined by the Sheriff as security for costs of the service ofthe notices of set down

(3) The Registrar, upotr receipt of the application and proofof such payment shall allocate a case number to the applieation andthereafter a date of hearing.

(a) The applicant shall serve copies ofthe applicationtogetherwith annexures thereof to the respondent within flve days of theirissuing out and within ten days thereafter, file with the Registrar proofof service in accordailce with rule I I.

(5) Except as otherwise provided in this rule, no affidavitwhich has not been served with a court aprplication shall be used insupport of the applieation unless it is otherwise ordered by the Courtor a Judge.

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I-^abour Coutt Rules ,2017

Apltlication for aru order by q Labottr Officer or Designated Agentin terms of section 93(5)(a), (SXb) and (c) af the Act

15. (1) In this rule-"applicant" means a labour officer or a designated agent.

(2) The applicant shall deposit with the Sheriff an amount

to be detemined by the Sheriff as security for costs of the service ofthe notices of set down.

(3) The Registrar, upon receipt of the application and proof

of such payment shall allocate a case number to the application and

thereafter a date of hearing.

(4) An applicant who wishes to apply for granting of a

ruling and order which he or she has made shall within thirty days

of the date of ruling lodge with the Registrar an application in three

copies by wey of Forrn LC 11 supported by an aff,davit and any

evidence which lre or she considered in making the ruling and orderincluding-

(a) the record of any charge against or allegation ofmisconduct that was made against the employee;

(b) the minutes or record of proceedings or hearingundertaken to inquire into the charge or allegation ofmisconduct;

(c) the decision or determination made at the end of thehearing or inquiry; and

(d) any otlrer relevant evidence in the nratter in question.

(5) The applicant shall serve copies of the application togetherwith amexurcs thereof on the parties within f,ve days of their issuing

out and thereafter flle with tlre Registlar proof of service.

(6) \\rithin ten days of receipt of the application forcorrflrmation, the respondent shall flle a notice of response in FormLC 2 together with an)r heads of argument in support of his or hercase.

(7) The Registrar shall set down the rnatter for: hearing and

cause tlre notice of set down to be served on the parties

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S.I. 150 of 2017

Application by the Minister in terms of section 120 of tlte Actl6 (1) Where a recolnmendation by an inrrestigator investigating

a trade nttiott, employers' organisation or federation to appoint *administrator to administer the trade urion, employers' orgarrisatiolor federation has been accepted, the Minister shall lodge with theRegistrar iIIl application accompanied by an affidavit anilsupportilgdocunents, by r,r,ay of Form LC 13, in three copies.

(2) TIrc Vlinister shall deposit with the Sheriff an amount tobe determined by the Sheriff as security for costs of seruice of thenotice of set down.

(3) The Registrar, upon receipt of the application ancl theproof of payment, shall allocate a case number to the application.

(a) The Minister shall serve copies of tire application togetherwiththe amexures thereof onthe respondents within five days ofthei,issuing out and thereafter file with the llegistrar proof of seruice.

(5) The respondent shall file his or her opposition if any, tothe application within ten days of receipt of the application.

(6) If the application is opposed, the Registrar shall set clow,nthe application for hearirrg.

Chamber ttppl ications

L7. (1) A charnber application shall be in Form LC 12 cluli'completed and shall be supportecl by one or more affidavits settingont the facts npon r,vhich the applicant relies.

havided that, where a chamber application is to be sen,ecl on auintercstedpaffy, itshall be in Formlrtro .LCL withappu:priate modifications.

{2) A chamber application slrall be served on all interesteclparties unless the respondent has previously had rlue notice of tle9t99t sought and is in default or unless the applicant reasonablybelieves that there is any reason, acceptable to the Juclge, why *rr*i,notice should not be given.

(3) Where ar applicant has not served a chamber applicationon another party because he or she teasonably belieyes thai tfuere isany reasor, acceptable to the Judge, why such notice should not begiven him or her shall set out the grounds for his or her belief tully iphis or her affidavit; ancl unless the applicant is not tegally represeniecl,

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labour Coutt Rules , ?0L7

the application shall be accompaniecl by a certificate from a legal

practitioner setting out, with leasoils, his or her belief that the matter

ihoulcl be heard without notice to the other party.

Urgent chamb er aPqlic ations

18. (1) Where a person wishes to f,le an applicatiol in terms of

these ruIes and he or she considers that the matter is one of urgency, he

or she may file the application accornpanied by au affidavit reQuesting

that the applicatiori be treatecl as an urgent application'

(2) An affidavit submitted in terms of subrule ( 1) shall set out

the facts of ttrre matter, the name of any other person who might be

affected by the orcler sought by the applicant and the circurnstances

that justify treating the matter as an urgent applicatioil, and rvhere a

party is legally repiesented, shall be accompanied by a certificate by

i legal practitioner that the matter is urgent.

(3) I;pon receipt of the urgent application, the Registrar shall

imrnediately refer the f,le to a Judge.

(4) A Judge may direct that the application be serued on any

person *t u mtght be affectecl by the order sought and the applicant

it utt comply with such direction iu which event-

(i) rhe applicant shall deposit with the Sheriff an

o*o,urt to be cletermined by the Sheriff as security

for costs of the service of the notices of set down;

and

(ii) the Registrar, upon receipt of the application and

riHi:ffi ii'J'ffiffi-;l'JtlH3ff T*:Ti#;xT[l(5) If the Judge consiclers thatthe application should be treated

as an urgelt applicatlon, he or she may issue a directive dispensing

rvith the forms ind service proviclecl for in these ntles and may givg

clirections for the matter to be dealt with at such time and in such

rnanner and in accorclance with such procedure, which shall, as far as

is practicable, be in accordance with these rules, as he or she considers

appropriate.

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Appeals and cross appeals

19, (1) A person wishing to appeal against any decision,determination or direction refemecl to irithe Act, shall, rvifhin tvyentylone days fiom the date when the appellaurt receives the decisioir,deternrination or direction or a\,varcl, db the follor,ving-

(a) complete in thrce copies a notice of appeal in F'onn LC4; and

(b) make three copies of any of the documents refemecl to

* tubparagraphs (i) to (iv) as are relevant to the appeal,if they are in the possession of the appellant-(i) therccordofanycharge orallegationofmisconcluct

that was served on the appellant, if any;

(ii) the minutes or record of any proceedings orhearing undefiaken to inquire into any chargeagainst or allegation of misconduct on the part ofthe appellant;

(iii) a. minute or record of any rlecision, cletermination.direction or award made at the conclusion of an1,proceedings orhearing referrcd to in subparagraph(ii);

(iv) the letter ol' suspeusion or r]ismissal fromemployment, if any,

(c) deposit r,vith the Sheriff ar amount to be deternrinecl bythe SheritT as security for costs of service of the noticlof set down.

(d) f,le r,vith tlre Registrar one of the other copies of thenotice of appeal, together with-(i) a copy of the documents, if any, referrecl to in

paragraph (b);

(ii) praof of payment of the Sheriff s costs for serviceof the notice of set dorvn; and

(iii) proof (as required by rule 1 1) that the norice ofappeal lvas served on the respondent;

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labour Court Rules ,20L7

(e) serve ore copy of the notice of appeal, together with a

copy of the tlocunrents, if any, rcferred to in paragraph(b), on the respotldelt witfuin ten clays of ; and

(f) retain a copy of the uotice of appeal, arrdof the elocuments,

if any, refemecl to in paragraph (b), for himself or herself.

(2) The responclent shall, withinten days of receiving a notice

of appeal-cornplete in three copies a notice of response in FormLCZ;

file the notice of resporse with the Registrar;

serve a copy of the notice of response on the appellant;

fite with the Registrar proof of service of the notice ofrcsponse as required bY rule 11;

retain a eopy of the notice of response for himself or

herself;

(D make copies of any docnments which arc in his or her

possession ancl have not been availed by the appellaltind at the time of filing the response file them with the

Registmr and thereafter serve the appellant.

(3)Aperson makiug an appeal underthis rule who also wishes

to seek a reuiew of the praceedings in respect of which he or she

rnakes the appeal shall, ai the same time, complete in three copies ofa notice of r.view in Form LC 4 and serve such notice together withthe notice of appeal under this rule.

(4) A person who wishes to make a closs appeal shall do so

at the same time as he or she files a notice of response in which event

the proyisions of these rules with regard to appeals shall apply, rvith

necessary rnodificatiotts, to the cross-appeal.

Reviews

20. (1) A person wishing to seek review of proceedings refenecl

to in terms of the Act shall, within twenty-one days from the date

w,hen the ptoceedings are concluded, do the following-(a) complete in tluee copies a notice of review in Form LC

5; and

(a)

(b)

(c)

(d)

(e)

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S.I. 150 of 2017

(b) rnake three copies of any of the documents referrcd toin subparagraphs (i) to (iv) as are relevant to the revierv,if they arc in the possession of the applicant-(i) the record of any charge against or allegation of

misconduct on the pafi of the applicant that \,vas

seryed on the applicant, if any;

(ii) the minutes or rccord of any proceedings orhearing undertaken to inquire into any chargeergainst or allegation of misconduct on the part ofthe applicant;

(iii) a minute or record of any decision taken at theconclusion of any proceedings or hearing referreclto in subparagraph (ii);

(iv) the letter of suspension or clismissal fromemployment, if any;

(c) cleposit with the Sheriff an amount to be determinecl bythe Sheriff as security for costs of service of the noticeof set down.

(c1) file rvith the Registrar one of the other copies of- thenotice of rcview, together with-(i) a copy of the documents, if any, refemecl to in

paragraph (b);

(ii) proof of payment of the Sheriff's costs for serviceof the notice of set down; and

(iii) proof (as required by rule 11) that the notice ofreview was served on the respondent; and

(e) serve one copy ofthe notice of revietr!', together u'ith a cop.,yof the documents, if any, referred to in paragraph (b), onthe respotldent; and

(f) retain a copy of the notice of revielv, and of the documents,if any, referred to in paragraph (b), for hirnself or herself.

(2) 'f he respondent shall, r,vithin teu days of receiving a noticeof review -(a) complete in tluee copies a notice of response in Form

LCz;

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l-abour Court Rules ,2017

(b) file the notice of response with the Registrar;

(c) serve a copy of the notice of response on the applicant;

(d) fiIe with the Registrar proof of seryice of the notice ofresponse as required bY rule 11;

(e) retainacopy ol'the notice ofresponse forhirnselforherself;

(0 make copies of any documents r,vhich arc in his or her

possession and have not been availed by the applicaut

ind at the time of filing the response file tlrem rryith the

Registmr and thereafter serve the applicant.

Recorcl prepa7ation (indexing, pagination and binding)

ZL. ( 1) it shall be the duty of the parties or litigants to prepare

the recorcl of proceedings by indexing, paginating and binding.

(2) Every written application, appeal, review or notice ofopposition ancl supporting answering affidavit shall-

(a) be legibly w,ritten on A,.4 size paper on ore side only,

and

(b) be clividecl into paragraphs numbered cousecutively,

each paragmph conlaining, whereverpossible, a separate

allegation; and

(c) have each page, including evely annexure and affidavit,numbered consecutively, the page numbers, in the

case of documents flled after the first set, followingconsecutively fromthe last page numberof the previous_

set, allowance being rlade forthe page numbers of proofof seryice filed for the previous set.

(3) Every written application, appeal, review and uotice ofopposition shall-

(a) state the title of the matter and a description of the

document concerned; and

(b) be signecl by the applicant or respon{ent, ES the case

may 1., or by his-or her legal practitioner or union

reprcsentative; and

(c) give an aclclress for service which shall be within a

twenty -five kilometre radius fromthe registry in which

the docutnent is filed; and

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S.I. 150 of 2017

(d) where it comprises more than five pages, coiltain anindex clearly describing each clocument included anclshowing the page number or numbers at which eachsuch document is to be found.

(4) Every r,vritten application' appeal or revierv shall containa draft of the order sought.

(5) An aflidavit {iled with a written application, appeal orrevielv -

(a) shall be made by the applicant or responclent, as thecase may be or by u person who can swear to the 1actsor avetments set out therein; and

(b) may be accompanied by the clocuments verifying thefacts or averments set out in the affidavit, and anyreferertce in this Order to an affidavit shaltr be construeclas including such documents.

(6) Where by aily law, a certif,cate orother document is rcquiredto be afiached to or filed with any application, it shall be sufficient to attachor file a photocopy or other facsimile of the certif,cate or docunrent:

Provided that, if required to do so by tire coufi or a Judge atthe hearing, the party concerned shall procluce the origilal certifiiateor documeut.

Application,for condonation o.f late noting o,f an appeal or revieut

22. (1) A party rvishing to apply for condonation of the larenoting of an appeal or review shall do so in f orm LC 1.

(2) +" application in terms of this rule shall be accompanieclby u draft of the intended notice of appeal or revie\v.

Interloattory and other applications

23. Where a party to any matterpending before the Court wishesto make an application to the Court in respect of any matter for whichan application may be made in terms of these rules, ihe applicant shallgive not less than ten days' wdtten notice of the applicatiol to theRegistrar and the other party specifying the nature of tne applicationand the grounds upon which it is made unless a Juclge or til* Courtotirerwise directs.

117 1

l-abour Coufi Rules ,2017

Adoption of incorrect form of application

24. The fact that an applicant has instituted-(a) a court application when he or she should have ptoceedecl

by way of a chamber application, or

(b) a chamber application wlren he or she should have

proceeded by w,ay of a coutt application;

shall not in itself be a ground for disrnissing the application unless

the Court or Judge, as the case may be, considers that-(i) sorne interested party has or rnay have been

prejudiced by the applicant's failure to institutethe application in proper form; and

(ii) such prejudice cannot be rcrnedied by directionsfor the service of the application on that pafty withor without an apprapriate order of costs.

Representation of parties, assumption and renunciation of agency

25. (1) Where a party-

(a) is represented before the Labour Court by an officialor employee of a registered trade union or employers'orgarrisation of which a party is a member, suchreplesentative shall be required to produce proof oftheir capacity to represent the part),

(b) is representedby u company official, they shall produce a

ffHffi Iffi :llli"r'n:'J:ffiiorappointmentauthorisi,g(c) is rcpresented by a legal practitioner, the legal practitioner

shall file a written notice of assumption of agency inForm LC 6 with the Registrar ancl serve copies of the

notice to the other partSr or that pafiy's legal practitioneror representative.

(2) Subject to this rule, &r appellant's or applicant's orrcspondent's legal practitioner may for good cause reilource his orher agency at any time before the appeal or application has been set

down for hearing or', after it has been set down, rot later than tlu'ee

rveeks after he or she has been notif,ed of the clate of hearing of theappeal or application:

LL72

S.I. 150 of 2017

Provicled that, where he or she has agreed to less thal sixweeks' notice of the date of hearing, he or she may not rerounce hisor her agency in terrns of this sub nrle later than oile month beforethe date of hearing

(3) wherc a legal practitioner renounces agenc), he or sheshall give lvritten notice of his or her rcnunciatiol to-_

(a) his or her client; and(b) the other pafiy or the other pafiy's legal practitioner or

rcplesentative; and

(c) the Registrar; and

(d) specify in that notice his or her client's last knorvnaddress which shall be the address of service.

(4) A legal practitioner who does not comply with sub-rule(1) shall not have the right of audierrce in respect of tnat nratter.

Head.r of argurnent

26. (1) Where an applicant or appellant is to be representecl bya legal practitioner or tepresentative at the hearing of the applicatiori,appeal or review, the legal practitiorrer or rcprcsentative slall --

(a) within ten days of receiving a notice of resporlse to theapplication, appeal or review, lodge with the Registrarheads of argument clearly outlining the submissions heor she intends to rely on and setting out tire authorities,if any, which he or she intends to cite; and

(b) immediately afterwards deliver a copy of the heacls ol'argument to the respondent and lodge with the Registrarproof of such delivery as rcquired by rde 11.

(2) No legal practitioner or reprcsentative shalt be allorvecl tomake submissions in a matter without having filed heads ofargument: -

Provided that a party who has been barrecl may--(a) make a chamber application to rernove the bar, and the

Judge or Court may allow the application on such termsas to costs and otherwise as he or she thinks fit; or

(b) make an oral application to remove the bar at the hearingof the applicErtion or appeal.

tt73

labour Cotttt Rules ,2017

(3) where a responclenj is to be rept'esentecl by a legal

practitioner or a represerriiti, e at the trearing of the application' appeal

of fevierv, the legal practitioner or replesentative shall-

(a) lodge withthe Registrar heads of argument clearly

outlining the submissinn* he or she intencls to rely on ancl

setting out the authorities, if any, which he or she intends

to cite withirr ten d-i;;ir."*iuing a copy of the heads

of argument in terms of subrul* (r)ft,), 01- at the time

wrren the notice of ,.*ponse is f,red with ttre Registrar

interms of rnle r+tziOl(ii)' tg(zxbxii) ot20(?Xbxii)'

if the applicant or "pp;11;n]

is ,'oitlpresentecl by a legal

practitinrr*, or replesentative; and

(b)immecliatelyatlerwards,deliveracopl:j]helreadsofargunlent to the ap-p11can\oi:,ry.1]11 ulrd lodge with

th6 Registrar proof of such deltvety'

(4) where heads of argument that are required to be

lodgecl in t*rms of *.rur.rt" (3)';; rrol lodged on behalf of the

res,orldent, within-trre p*rioa or at the time specified in those

provisions -(a) trre Registrar srrau nevefiheless set dorvn the applicatiort,

appeal'or,'"iew f* l"uring in terms of rule 28''

(b)subjecttosubrule(2),thedefaultingpafiyshallbebarecland the Court *uyu.corcling to the nature of the case'

or as the justice of the case requires -(i)enteradefaultjtrdgmentagainstttredefaulting

PafiY; or

(ii) proceecl to determine the matter'

(5)wheleailapplicant,appellantorrespondentisnottoberepreserrr-d at the rr*ri*g b{

^ rrig-l practitioner or representatlve'

he or srre may, rocrge heads of argrimeirt.with the Registrar' in lvhich

e'ent rre or slre *t ait compry ,oit[ subrule (1) or (4)' as the case rla)'

be.

(6) Atler the heads of arguTtlt have lt*1loclgecl with the

Registrui., ,ro furtrrer papers *-y"te roclgecl rvithout the leave of the

Cotttt.

LL14

S.I. 150 af 2017

Se tiletruents and v,i thdr. ilv, Al s

27. (L) Where the pafiies to a matter pending before the Courtagrce on an out of court settlement or a parly withdraws the rnatter, theparties or pafiy shall notify the Registrar in rvdting of such settlernentor withdrar,val.

(2) \Yhere the Registrar has receirred notification of asettlement or withdrawal in terns of subrule (1), the Registrar shallr:ef'er the matter to a Judge who shall issue an apprapriate order ordir:ection with regard to the settlement or lvithdrawal, as the case m&ybe.

(3) If during the hearing of a matter, a party r,vithdrarvs or theparties settle the i:ratter, the court shall proceed to issue an apprapriateorder.

Set-c{own of rnatters

28. (1) The llegistrar shall as far as reasonably possible set dor+,nmatters on a first come first served basis:

Provided that in urgent cases or for other good cause sholvnthe Judge Presiderrt ma/, at the request of ore or morc of the pafiies,allocate a date fbr the hearing of a case, whether in or out of term.

{2) The applicant or the appellant must deposit with theSheriff an amounl as determined by the Sheriff as security {br costspf service of all notices of set dorvn.

(3) IJpon receipt of such proof of payment, the Registrarshall allocate a clate for the matter to be heard and submit the noticeof set down to the Sheriff for seryice to be effectecl.

(4) The Sheriff shall submit the return of seryice to theRegistrar within five days atler service has been effected anrJ at leastflve days before the date of hearing.

(5) If a matter is postponed to a date to be detenniued in thefuture? any party to the matter may, upon fumishing the llegistrarwith proof of payment of the SherilT's costs for service of the noticeof set down, apply to the Registmr for it to be re-enrolled, but nopreference ma,v be given to that matter on the rotrl, unless the Courtdecides otherwise.

717 5

Labour Court Rules, 2017

(6) Once a date becomes available for the hearing of a case,

the Registrar shall allocate the dnte for the case to be heard and shallgii,e the parties notice of the date in Form LC7:

Provided that all the parties shall rcceive not less thau fivedays' notice of the date, tirne and place of the headng.

(7) fhe Registlar firay for good cause, or after consnltationrvith the parties, alter the date of set-down allocated under subrule (2)and shall give the parties notice in Form I-C 7 of any such alteration.

(8) The Registrar shall thereafter allocate a time, date andplace of hearing and cause a notice of set down to be served on theparties.

(9) Where a matter is postponed in court to a specific date, theRegistrar shall not be required to send a notice of set down to the parties.

Were party Jltils to Jile notice oJ'resporuse

29. Wrere the respondent fails to file a notice of response withinthe perlod specified in rules 14, 19 or 20 and flrat parfy fails to courply,the matter shall nevertheless be set dou,n in tenns of nrle 28 and if,on the day of hearing, the defaulting party-

(a) appears and shorvs good cause why he or she did notfile a notice of rcsponse, the Coufi may according to thenature of the case, or as the justice of the case requires -(i) postpone the matter to enable the defaulting party

to comply; or(ii) proceed to determine the rnafier,

or

(b) does not appear or fails to show good cause rvhy he

or she did not file a response, shall be barred, and theCourt may, according to the nature of the case, or as

the justice of the case requires -(i) enter a default judgment against the defaulting

pafiy; or

(ii) proceed to determine the matter.

lMitnes,ses

30. (1) V/henever it is required to obtain the attendance of anyrn,itnesses, the Registrar shall issue a summons in Fonn LC 8.

LL76

S.L 150 of 2017

{2) Part II of these rules applies to the ,.selvice of a surnmonsissued in terms of subrule (1).

(3) The.service of any sufiunons in terms of this rule rnay beeff'ected by any person authorised to do so hy the R.egistrar.

Pre-hearing stage

3L. (1) A Judge ffioy, before the hearing cornmences, call theparfies and their legal practitioners or reprcs*rrtutives, if any, into 6isor her chambers with a view to securing-

(a) agreernent on any matters likely to curtail the duraticnof the hearingl or

(b) subjectto subrules (2) ancl (3), a settleurent ofttrre matterthrough conciliation and or mediation.

(2) AJudge may attempt to settle the matter by conciliatiolor mediation under suhrule (lxb) unless, before rrr*h conciliationor mediation begins, the parties clo not agree to suctrr conciliation ormediation.

Provided that if the parties agree to such conciliation ormediation but concitriation or mediation fails to settle the rnatter, theJudge shall proceed to hear the matter unless either or both of theparties object to the Judge hearing the rnatter.

(3) I-f a Judge succeeds in settling a matter at the pre6ear-ingstage through conciliation or mediation, rutre 27 shall apply to *,r.tsettlement.

Departure from rules32. Atany time before or during the hearing of a matter a.ludge

or the Coufi rnay--(a) direct, authorise or condone a departrlre from any

of ttrrese rules, including zur extension of any per.ioctrspecified therein, where the.Iudge or court is uuiirn.othat the departure is required in ihe interests ofjustice,fairness and equity;

(b) give such directions as to procedure in respect of afr.ymatter not expressly provided for in these rules asappear to the Juclge of the Court to be just, expedientand equitable.

1r77

I-abotu Court Rules ,2017

Joinder of parties and actions

33. ( 1) A Judge, prtor to a hearing or in the course of a hearingma!, at his or her own instance or upotl application by

^ party, order

that two or more applications, appeals or rcviews be consolidated orheard together and may give directions on all other matters relatedtheretc so as to give effect to the order.

(2) A person who has an interest in the determination of a rnatterby the Court may apply to Lre joined as a party to the proceedings.

(3) Where in any matter before tlre Court a party wishes tojoin a third party who is not a party to the proceedings, he or she mayapply to the Court to join that third party to the action.

He arings o.f appli cati ons

34. (1) The Registmr shall refer every unopposed application,to a Judge sitting irr chambers, rryho may-

(a) deal with the application on the papers; or(b) direct that tire application be heard in open court; or

(c) direct that the application be heard in chambers.

(2) At any time after the matter has been set down under rule28 or durtng a hearing a Judge ma!, with the approval of the SeniorJtrdge, orcler that such matter be referred for hearing or decision bytrvo or more Judges, in which event any reference to a Judge in thisrule shall be construed as a ref,erence to the .Iudge presidiilg over theCoufi.

(3) If, af,ter a hearing has begun, the Court as reconstitutedunder sutrrule (2) deerns it fit, it shall be competent for the Court todirect that any witness be recalled and to order further argument.

(a) The Judge during any hearing may apprise the parties oftheir rights and ttre conect procedurcs where he or she considers itnecessary or desirable to do so, and, in so doing the Judge shall haveclue rcgard to the interests of any party who is not being advised orrepresented by u legal practitioner or representative.

(5) At the hearing of any matter-(a) unless the Judge otherwise orders, the applicant or

appellant shall be heard in argument in support of

1r78

S.I. 150 of 2017

the application, appeal or review, and thereafter therespondent's algument against the applicatior, appealor revieu, shall be hearcl and the applicant or appellantshall be heard in reply;

(b) the Judge may allow oral evidence:

Provided that if one of the parties has beenbaned the Judge shall deal with the application, appealor rcview as though it were abandoned or uropposed;

(c) the Judge may require any witness to give evidence onoath or affirrnation;

(d) any party at a hearing may cross-examine witnessescalled by the other party:

Provided that the.Iudge may curtail the cross-examinatiou if lre or she considers the cross- examinationto be repetitive, irrelevant or time-wasting;

(e) the party calling a witness may re-examine the lvitnessafter cros s-examination.

Adj ournm ents and postponements

35. (1) If for any reason it appears expedient to the Court thatthe hearing of any matter should be adjoumed or postponed, the Courtmay make such orders as to adjournment as it considers necessary/.

(2) Where a Court either postpores a matter sine die orremoves it from the ro11, the Court shall direct what a party must doand the time frames by which the directive must be cornplied with.

(3) Where a directive has not been given in tenns of rule (2),ancl a matter postponed sine die or removed from the ro11 is not setclown within three (3) months fi'omthe date on which it was postponedsine die, such matter shall be regarded as abandoned and the Registrarshall advise the parlies accordingly.

Reinstaternent af m.atte rs

36. Where a matter has been deemed to have been abandonedin tenls of these rules, a Judge fi]ay, on good cause shorvn uponapplication by a party made within thirty days of the party becomingawale of the abandonrnent, order that the matter be reinstated.

tL79

labour Coufi Rules, 2017

Defaul,t iuc{gment enterecl where party or witness fails to appefrr

37. \\rhere a party fails to appear at a hearing, the Court may,according to the nature of the case, or as the justice of the caserequires -

(a) enter delault judgment;

(b) proceed with the hearing on the rnerits; or(c) postpone the matter.

Consent to judgntent

38. ( 1) A respondent may consent to judgment by delivery of ar,vritten memorandum to the Court to that effect stating-

(a) that he or she so consents; and

(b) r,vhether his or her consent is for the full claim or less.

(2) If the consent is for less than the full claim-(a) he or she may continue his or her det-ence as to the

balance of the claim; and

(b) notw'ithstanding a judgrnent upon such consent theaction may proceed as to such balance and it shall inthat event be in all subsequent respects an action forsuch balance.

Costs

39. (1) The Court or Judge, in giving judgment or making an,vorder, may make such order as to costs as it thinks iust and equitable.

(2) The costs of any appeal, application or review b-v theparties may be-

(a) awarcled by the Court or Judge irrespective of thejudgment in the cause; or

(b) made costs iu the cause; or(c) leserved to be dealt with at the conclusion of the action.

(3) If the court or a judge considers that the conduct of aparty to an atrlpeal or application under these rules has been such asto r.varrant such a course, the court may make any one or more of thelollor,r,ing orders -

1180

S.I. 150 of 2017

(a) depriving a successful party of all or pafl of his or her

coits in the appeal or application and additionally, oralternatively, in the tribtrnal below;

(b) ordering a srlccessful party to pay all or part of the

costs of ttre other party in the appeal or application and

additionally, or alternatively, in the tribunal belou';

(c) ordering a party to pay costs on a legal practitioner anrJ

client scale or on any other appropriate scale.

(4) If the coufi or a judge considers tlrat the conduct of a legal

practitioirer representing a party to an appeal or application trncler

th.** rules hal been such as to warmnt such a course, the coufl or

judge may make any one or ilrole of the following orders-

(a) ordering him or her personalty to pay all or part of the

costs of the appeal or application and additionally, or

altentatively, in the tribunal below;

(b) orcledng him or her to refund to his or her clierrt all or any

of the fees his or lrer client may have pald hirn or her inrespect of tlre appeal and additionally, or alternatively, in the

tribunal below;

(c) orclering him or her not to charge his clr her client any I ee

in respCct of all or pafi of the work done by lum or lier

in respect of the appeal or application and additionally,

or alternatively, the proceedings in the tribunal below;

(d) ordering him or her to pay the costs referred to inparagraph (a) on a legal practitioner and client scale or

on any other applopriate scale.

(5) Before making an orcler in ter:ls of subnrle (3) or (4), the

court or judge shall give the party or legal practitioner concerned an

opport,rritylo make representations as to whether or not the order

should be made.

(6) This rule shall not derogate fiomthe porver cf the couil or a

juclge to make any otherorder or give any direction, whether as to costs

br ott *rwise, arising out of the conduct of parties or legal practitioners.

(7) Where a judgment or order tbr costs is made against_t-rvo

or mole persons, it iha[, unless the contrary is stated, have effect

against such persons jointly and severally.

1181

l-abour Coufi Rules ,2017

(8) Where there is a dispute as to the bill of costs, either partymq/ apply to the Registrar for taxation and thereupon the Registrarshall on notice to both parties set down the matter for taxation

(9) On taxation the Registrar*(a) shall allow all such costs, charges and expenses as

lppear to him or her to have been necessary or properfor the attainment of justice or for defending the rtghtsof any party, but save as against the parly who incuiredthe same, no costs shall be allowed which appear to theRegistrar to have been incurred or increased throughover caution, negligence or mistake;

(b) may depart lor good and suff,cient reason fiom any ofthe prescrtbed tariffs where strict adhererce to suchprovisions would be inequitable;

(c) shall award a party who is not represented b), * legalpractitioner his or her disbursements in addition torecessary expenses.

(10) The Registrar's assessment shall be reviewable by aJudge at the instance of the aggrieved pafiy.

App li c ctti on s fo r res ci s s i on,s o r al te r fiti o n,s ofj udgm en ts

4C. An applicaticln forthe rescission or altemtion of a determination,order orjudgment oI'the Court or -Iudge on any of the grounds specifieclin the Act shall be made within trventy-one days from the date after theparly has had knor,vledge of the determination, orcler or juclgnrcnt:

Provided that unless the contrary is proven, the party shall bepresumed to have had knowledge of the judgment within trvo daysafter the clate thereof.

Stry of execution4L. (1) Pending the determination of an appeal the Coufi or a

Judge sitting in chambers may, upoll application, order a stay of theexecution of a decision order or determination appealecl against.

(2) In granting a stay of execution, the Court or Juclge may fixany such term's as to security for the due performance of an altritralar,vard, decisiott, order or determination or any variation thercof asthe Court or the Juclge cleems fit.

tL82

S.I. 150 of 2OL7

PART TV

GgNenal-

Precedents and binding nature of decisions

42.(1) Whele a case similar or identical to the one being heard by

the Court has been previously decided by it, any principle established

by that case shall have persuasive authority.

(2) Decisions of the Court shall be binding on all labour

officers,'arbitrators, disciplinary authorities and other determining

authorities acting in terms of the Act.

Leave to appeal against decisions of the Court

43. (l)An applicationinterms of section 92F(2) of theAct seeking

Ieaveto appeat fn:rn any decision of tlre Court shall be made to the Judge

of tlre Court who made the decision or in his or her absence, fiom aryother Judge, within twenty-one d^ys from the date of that decision.

(2) An application in terms of this rule shall be accompanied

by a draft of the-intended Notice of Appeal to the Supreme Court.

Referral in terms of section 175(4) of the Constitution

44. (L) Where a Judge wishes to refer a matter to the Constifutional

Court tnero metu in tenus of section 175(a) of the Constittttion, the

Judge shall-(a) request the parties to make submissions on the

constitutional issues or question to be ref-erred fordetermination; and

(b) state the specif,c constitutional issue or qtlestion the Judge

consiclers should be determined by the Constitutional Cotut.

(2) Where a Judge is requested by a party to the proceedings

to rcfer the matter to the Constitutional Court and the .Iudge considers

that the request is not frivolous or vexatiotts, the Judge shall refer the

matter to the Constitutional Coutl.

(3) A referml under subrule (1) or (2) shall be in Form LC10 and shall be accomparied by a copy of the rccord of proceedings

ancl statements fiom the parties, if any, setting out the arguments they

seek to make before tlre Constitutional Court.

1 183

labour Court Rules ,20L7

(4) \'lihere thelr ate factual issues involvecl, the Juclge shallresolve or cause them to be resolved:

Provided that where there are no disputes of fact, the partiesshall prepare a statement of agreed facts.

(5) The tecotd of proceedings referecl to in subrule (3) shallcontain the rccotd of appeal, the specific finclings of fact by tlie Courtand the issue or question fbr cletennination by the Colstitutional Colrt:

Provided that where there is a statement of agreecl facts i1terms of the praviso to subrule (a), it shall suffice for th6 statement tobe incorporated in the record in place of the specific f,ndings of fact.

(6) Registrar shall prepare and transmit the record to theConstitutional Court within fourteen days of the date of such direction:

Provided that, before transmission. the Registrar shall ensureancl _certify that the record is corrcct anrJ accurate ind, in the case ofa rcfenal in terms of subrule (Z),that it contains an appropriate.dmft

't

oroer.

Condttct and dress af perso??s appear"ing ancl crtfunding court45. The Senior Judge may, tluough a practice clirection, regulate

the conduct and dress of persons appezu'ing before or attendiig theCourt.

46 wrrere rrr ^lltr{:#:* of rnatters

(a) proof of service is not filecl by the applicant or appellantwith the Registrar in the manner ancl time pr*s.ribed;

(h) the Registrar does not receive heacls of argument fromail applicant or appellant rvho is represente.l by a legalpractitioner or representative within the prlscriueaperiod;

the matter shall be regarded as abandoned and the Registrar shallinform the parties accorclingly:

Provided that the matter may be rcinstatecl by a Juclge inchambels oll good cause shorryn upc)n application made witlin twlnty-one days of the abanclonment.

1184

S.I. 150 of 2Ol7

Forms

17. (1) The Fonns prescdbed in the Schedule shall be used in

all proceeclings to rvhich they arc applicable with such modifications

as the circumstances may require.

(2) Subiectto this rule, a person lequiredto complete any fonnplescribed in the Sctreclule may modify it by making such alterations

to it as circumstances require.

(3) The Registrar may refuse to accept any modified form and

require the party modifying it to submit another fotm substantially

compliant with it ut preicribed in the Schedule if the Registrar is ofthe opinion that the modified fotm is not so compliant.

(4) Wherc a clispute adses as to the discretion exercised by

the Registrar under subrule (3), the Registrar shall refer the matter

to a Judge in chambers rryho may thereupoll-(a) direct the Registrar to accept the modified form; or

(b) direct the party w,ho rnodifiedthe formto submit another

form substantially compliant rvith that prescribed in the

Schedule; or

(c) give such other clirections as to the manner in whichih" purties may proceed as the Senior Judge thinks fltin the circumstances.

1185

Labour Court Rules, ZAn

Scuenur,e (Rur, n 47)

h'otms

ARRANGEMENT OF FORMS

LC l. l'{otice ofApplication.LC 2. Notice of respoRse.

LC 3. Nlotice ot'Oppositiorr.LC 4. Notice of appeal to Labour Court.LC 5. Notice of'application fbr review by Labour court.LC 6. Notice of'assumption of agency.LC 7. lt{otitication to party to attend proceedings.LC L Stunmons to Witness.LC 9. Document summons.LC 10. Referral of matter to constitutional court.LC 11 . Application for an order by a Labour Offlcer or Designatecl Agent in

terms of section 93(5Xa), (b) ancl (c) of theAct.LC 12. Notice of charnber application.LC 13. Notice cf applicatiott for appointrnenl/confinnation in tenns of section

120 ot'Act.

r 186

S.I. 150 of 2017

In the Labour Cor.rrt of Zimbabrve

In the matter between:

and

FORM LC 1

Applicant

Respondent

NOTICE OFAPPLICATION

TAKE notice that Applicant intends to apply for an orcler in terms of the

draft annexecl hereto. The accompanying affidavit shall be trsecl in support o[the application.

Further take notice that if you wish to oppose the applicatiou, you are recluired

to file aNotice of Opposition together with an affidavit setting otrt the basis ofthe opposition within ten (10) working clays.

Datecl at... ...... this ....day of .. ......20

Applicant(Address)

TO: Respondent

(Address)

TO: Registrar,

Labour Court

1187

labour Couffi Rules , ?0L7

FORM LC 2

In the Labour Court of ZirnbabrveIn the matter between:

Applicanr/and

Respondent

NOTICE OF'RBSPONSE

TAI{E, notice that the Respondent intends to responcl to the appeal.

Further take notice that the attached affidavit shail be usecl in support of theResponclent's case.

Dated at ... . .. ... thi s ... . day of . . Z0

Responderfi

(Address)

TO: Appellant/Applicant(Address)

TO: Registrar,

Labour Court

1188

S.I. 150 of 2OI7

FORM LC 3

In the l,abour Court ol Zimbabwe

In the matter between:APPIicant

andResponclent

NOTICB OF OPPOSITION

TAKE notice that the respondent intends to oppose the application/review.

Further take notice that the attached affidavit shall be usecl in support of the

respondent's case.

Dated at... ...... this ....day of .. ......' 24"

Responclent

(Address)

TO: AppellantlApplicant(Address)

TO: Registrar,

Labour Cottrt

1189

Labour Coufi Rules , ZAl7

In the l;bour Court of ZirnbabweIn the matter betrveen:

and

Case No.

FORM LC 4

Applicant

Respondent

NOTICE OFAPPEAL

TAI{Enotice thattheAppellant herebyappeals againstthe attached arbitrarion

ar,rrarcl/cleterminationi clisrnissal dated the . .. day of ... . Zo. . . .. .

ftnust be concise uncl precise)

Wherefore appellant prays for:

Appellant(Nanw, Sigruature and Adclress)

TO: Registrar, Labour Court

TO: Respondent

(Narne ancl Address)

I{8, Upon service of this notice, responclent shall file his or her response to theappeal rvithin ten (10) working days.

1r90

S.I. 150 of 2017

FORM LC 5

In the I:bour Court of Zimbabwe

In the matter between:

APPlicant

andRespondent

APPLICATION FOR REVIEW

TAKEnoticethattheApplicantherebyappliesforreviervon thefollorvinggrouncls;

GROI"INDS FOR RBVIFW(must be concise and precise)

;;- ,;ri"" *.,*t th; "".o*o^;r;;* urfi.tuui. ,h;;0. ur*u t; r,;n;ort or

the application.

Further take notice that if you wish to oppose the application you are requiredto file a Notice of Response together with an opposing affidavit setting out thebasis of your opposition within ten (10) working days.

Wherefore Applicant prays for:

Dated at... .. this .......day of .. .24.

Applicant(Name., Signature ancl Address)

TO: Registrar, Labour Court(Address)

TO: Respondent

(Narue and Adrlress)

1 191

krbour Court Rules ,2017

FORM LC6

In the L^abour Court of Zirnbabwe

In the matter betr,veen:

Applicanr/Appellanrand

Responclent

ASSUMPTIOI{ OFAGENCY

TAI(E notice that lv{essrs

(Name of Legal Firnl

of ...

(Address)

clo hereby asstune agency on behalf of ApplicantlAppellantlRespondelt in theabove rnatter.

Vlessrs

(Nanrc offirm)

TO: REGISTRAR,l^abotrr Court(ACdress)

TO: Applicant/Appellant/Responclenr(Nanrc and Adclress)

1192

S.I. 150 of 2Ol7

FORM LC 7

Case No.

In the Labor"rr Courf o[ Zirnbabwe

In the matter between:APPlicantiAPPellant

audRespondent

NOTIFICATION TO PARTY TO CTTF]ND PROCBEDINGS

TAI(E notice that the above mentioned applicationlappeal/matter to whichyou are a party shall be heard at

tipi),,n ;;;;,,:,; o,,i ro,otio,i oy C,",it

on the ......day of .. ..... (year) at ...,.am/pm.

NB. If, as a party, you fail to attend the hearing at the tirne and place notified,

the hearing rnay proceecl without you to the possible detriment of your interests.

Given under m1, this . day of .. ,20. . . ,.

REGISTRAR OF COURT

1 193

Labour Coufl Rules ,2017

FORM LC 8

In the L^abour Court of ZirntrabweIn the matter between:

ApplicanriAppellantand

Respondent

SUMMCNS TO WITNESS

TO:

0v";; "f ;i;,,*r*i**

",,0 *o*r;;-,;-t

'IAKE notice that yoll are reqllirecl to appear in person before the Labourcourt si tting at . .. on the cruy of' . .. . . (year)

at "' .. a.m/p.m. to give evidence in respect of the above matter.

Further: take notice that you are requirecl to bring with yorr for proclucti.nbefore the Court the lbllowing clocuments:

1.....

2.....

?

il;i;i*^. nr.niiur

r194

S.I. 150 of 2017

FORM LC 9

In the Labour Court of Zimbabwe

In the matter between:APPlicant/APPellant

andRespondent

DOCUMENT SUMMONS

'ro:

i*"rrr' .i *r,r;t"; una rJo'"r-;;j

TAI(E, notice that you are required to bring the follou,ing documents to the

Registrar of the Labour Court at ...

Further take notice that you rnust comply with this summons within ten (10)

days of receipt thereof.

DOCUMENTS: -

1. . ...

2.....

3....

niCrsinanLahottr Court

1195

Labour Court Rules ,2A17

FORM LC 10

In the Labour Court of Zirnbabr,veIn the rnatter between:

Applicanr/Appellanrand

Respondent

REFBRRAL OF M,ATTER TO CONSTITUTIONAL COURT

'l'l-IE matter is hereby referred to the Constitutional Court in terms crf'section 175(4) of the Constitution.

.r\ccorlpanyi n g documents:

REGISTRARLabour Court

1196

S.I. 150 of 2017

IN TFIE LABOTJR COI.JRT OF ZIMBABWE,

In the matter betweett:

And

FORM [,C 11

Applicant

Respondent

APPLICATION FOR A,N ORDER BY I,ABOUR OFFICER/DBSIGNATED AGENT IN TERMS OF SECTION 93(sXa) and (b) OF

THE ACT

TAKE notice that on the ... duy of . .20,. .. at the

Labour Court ..the applicant intends to apply for coufirmation ofthe ruling ancl order in this action together with costs in terms of the annexed

clraft orcler. The accompanying affidavit and documents attached shall be used

in support of the application.

Fr,rrther take notice that i[' you rvish to oppose the applicatiotr, yotr zu'e

required to file a Notice of Response in Forrn LC3 together with an afficlavit

setting out the basis of yor-rr opposition within ten (10) working clays.

iuuti*",r,

TO: FIRST RESPOI{DENT(Address)

TO: SECONID RESPONDENT(Address)

AND TO: THE REGISTRAR,LABOUR COURT

tt97

l,abour Court Rules , ?0L7

FORM LC T2

II.{ THE LABOUR COUKT OF ZIMBABWE

In the matter between:

ApplicanrAncl

Respondent

CHAMBEIT AI)PLICATION

APPLICATION is hereby macle for an order in terrns of the orcler\Craftannexecl to this application on the. grounds that (set out in sumrnary the basis ofthe application).

The accompanying affidavit/s and documentis are tenclerecl in support ofthe application.

Dated at... ..... this day of ... ......20.

ioit'ii,o,rt

TO: RESPONDENT(Acldres's)

'IC): REGISTRAR,LABOUR COURT OF ZIMBABWI1

1198

S.I. 150 ef 2OL7

Ii{ THE LABOUR COURT OF ZIMBABWE

In the matter between:

And

FORM LC 13

Applicant

Responclent

APPLICATION FOR APPOINTMENTICONFIRMATION IN TERMSOF SECTION NA OFACT

PLEASE take notice that an application made in terms of section 17 of

Act 5 of 2015 shall be heard before the Labour Court at on

day of .. in the year ..... for the appointment ofan administrator/confirmation of the appointment of a provisional aclntinistrator

(delete the inapplicable) in terrns of the draft annexed hereto.

Further take notice that the accompanying affidavit/s and docutrrent/s are

tendered in strpport of the application.

Dated at.... .... this.... ...day of .. 24.......

TO: RESPONDENT(Address)

TO: THE REGISTRAR,LABOT]R COIJRT OF ZIMBABWE.

TL99

Supplenrent to lhe Zbnltabwean Govenrtrcnt Gazette dated tlrc 22nd Decentber,2017.Printed b1t the Governrnent Printer, Ilarare.

1200