Founders Building society v Mazuka 2000 (1) ZLR 528 (H)

Mr L T Biti for the applicant.

The respondent was dismissed from his position as a branch manager with eh applicant following a disciplinary hearing under the applicants registered code of conduct. He appealed unsuccessfully to the applicants general manager, then noted an appeal to the labour relations tribunal . The applicant sought the eviction of the respondent from the house he was entitled to occupy as manager, and surrender of the company vehicle allocated to him. the applicant argued that the noting of the appeal suspended the operation of dismissal and that he was still manager. held, that the rule that the noting of an appeal suspend the operation of the decision appealed against applies only to the superior courts. It does not apply to other tribunals unless the relevant statue so provides. there are other remedies open to an aggrieved person. It would, for example, be open to the aggrieved person to approach the court — asa matter of urgency, if so required in order to move the appropriate interdict. the labour relations tribunal itself is empowered to make such interim determination as it thinks fit, pending the determination of the appeal . this intern determination could have, as one of its, the restoration of the status quo ante. held, further, that in this case, the status quo had not been maintained . another person had been appointed as manager. The respondents employment had been terminated and the applicant was entitled to the order sought.

Mr Biti, for the applicant, submits that statutory bodies, being creatures of stature, may exercise only such powers as are conferred upon them by or under the stature and as such do not have inherent powers as do our courts of law. The courts, he argues have the inherent jurisdiction to control the operation of their own judgements, a jurisdiction not enjoyed by statutory bodies. He submits that in the circumstances the common law position can only apply to superior courts and not domestic tribunals.