How To Make A Claim Through Labour Court in Zimbabwe
Labour Act Chapter 28.
This procedure is a bit longisph........
.......because of the nature of the procedure.
But don't worry, it is worth the effort reading through. Better to know than groin in darkness...........
It's costly.
You can approach the Labour court to make a claim for any of the following:
Outstanding salaries
Unpaid pension funds
Outstanding benefits
Unfair Labour practices e.g. unpaid overtime, unfair contract terms in your contract
The procedure for making the claim is outlined below.
The time it takes to conclude a matter varies from One and a half months to years depending on 3 things
If evidence is readily available and promptly supplied to court.
If the other party is cooperating.
If there are no delaying technicalities
You can also make a claim through the National Employment Council (NEC)
You can learn more on how to claim through NEC on our blog Claim through NEC
For now, here is heads up on the steps involved in making the claim through the Labour court.
Queries and comments space is at the end of the article.
Let's chat.
ALTERNATIVELY 0772 433 215 for WhatsApp
|
ROUTE 2 AND WATCH THE OTHER PARTY'S RESPONSE TO YOUR ACTIONS.
|
🔷
MAIN PROCEDURE
🔷
|
3RD ROUTE
|
COMMENTS
|
Only labour issues are brought before this court
|
|
You can bring your matter before the court by yourself or through a laywer
|
|
Which cases are heard by the judge at court?
|
2
|
|
The Registrar keeps a book called the Labour Court Record Book in which every case is entered
|
|
Is an Arbitrary Award granted by a Labour Officer or Judge?
|
3
|
Ensure that you prepare a Chamber Application in the format of LC1
(Your lawyer will advise why you may take this route when making a claim)
|
Ensure that you prepare a Court Application in the format given as Form LC1 and write an affidavit to accompany the form.
Attach a draft order on to the application in which you state what you want the court to grant.
You are now called Applicant
|
Ensure that you prepare an Urgent Application and file with the court
|
|
4
|
Ensure that you serve all the parties the chamber application
|
Ensure that you pay the security deposit to the Sherriff’s office at court in order for your application to be given a case number in the Labour Court Record Book and a date for hearing
|
|
|
5
|
Ensure that you file a copy of the proof of service after 2 days of serving the Application
|
After payment has been done, your application will be given a case number, date stamped and 3 copies will be given back to you for you to go and serve the respondent
|
The court shall immediately refer the matter to a judge who shall decide if it is necessary for the application to be served on the parties to be affected.ensure that you check the decision on the same day
|
|
6
|
Respondent may file a Notice of Response within 10 days from the day they received your application
|
Ensure that you serve them within 5 days from the date you submitted the application to court
|
If the Judge decides that the case is not urgent, ensure that you pay security costs at court and get a date on which the matter will be heard
|
|
7
|
If respondent decides to respond, he must do so within 10days from the day he/she was served. His response must be accompanied by Heads of Arguments and evidence and 2 days later a Certificate of Service
|
Ensure that you file a certificate of service to court within 10 days after having served the respondent.
👈 watch Respondent' action
|
If the Judge agrees that the matter is urgent he shall terat it as such and give directions as to the next course of action@@
|
|
8
|
If respondent fails to respond within 10 days from the day he was served, count 30 days from the day you served the respondent, then ensure that you file an Application in the format of LC11 in order for you to be granted the ruling and the order.
|
The labour officer will hear the matter from all parties on the date set on the court application.
He will then write down his ruling. The ruling must be typed and you can collect it later for your records.
He advises when you should come for collection.
|
|
|
9
|
|
After 30 days the labour officer, now Applicant, shall submit an Application for Confirmation of the ruling to Court for the court (Judge) to confirm his/her ruling
|
|
Who draws up the Application for confirmation? -the Labour Officer or myself?
|
10
|
But if Respondent decides to respond, he must do so within 10days from the day he/she was served. His Notice of Response must be accompanied by heads of arguments and evidence
|
Ensure that you serve the respondents with copies of the stamped application for confirmation and file a certificate of service 2 days later
|
|
|
11
|
If the respondent fails to file heads of argument within the 10 days, they are barred from filing them and the court will proceed to finalise the matter
|
Ensure that you prepare a Notice of Set Down (which gives you the Court date)and take them to Court for filing and stamping after 10 days from the day you served respondent with the Court Application. The Sherriff will serve the Notice of Set down to the respondents.
|
Ensure that you file a certificate of service
|
|
12
|
If the other party decides to settle out of court or withdraw the matter before the court’s date of hearing the matter, Ensure that you notify the court through a Deed of Settlement or a Notice of withdrawal
|
Ensure that you collect a return of service from the Sheriff after 12 working days from the day you filed the notice
|
|
|
13
|
Ensure that the deed is stamped and court order is issued in support of the deed
|
Occasionally, the judge may call for a meeting in his chambers before the day of court appearance to try to settle the parties or determine specific issues to be heard in court
|
|
|
14
|
Ensure that you get an order after 2 weeks confirming the Deed of settlement or notice of withdrawal
|
On the day of hearing , the court will proceed to hear the matter. If Respondent fails to come, the judge may grant you judgment by default.
|
|
|
15
|
|
On the day of court, the Respondent who had failed to file Notice of Response, may appear in court and show good reason why he failed to respond, the court may postpone the matter or proceed to hear the matter
|
|
|
16
|
|
After the matter has been heard, the judge will prepare his ruling. He may advise you when the ruling will be ready for collection
|
|
|
17
|
|
After 2 working days you may proceed to check if your Order has been issued.
|
|
|
18
|
|
Ensure that you once you have obtained the order , you proceed to prepare a Warrant of Execution (which is authorising the sheriff to attach property) and Bond of Indemnity and file them at the Labour Court for stamping.
|
|
|
19
|
|
Ensure you collect the warrant and bond and write a letter to the Sheriff instructing him to execute the order and Warrant.
Submit these 3 papers to the Sheriff together with payment for execution service.
|
|
|
20
|
|
Collect the Return of Service prepared by Sheriff after 10 working days after which the Sherriff will advise how to proceed enjoying your claim.
|
|
|
0772 433 215
Stay Sharp
🔵🔊
