SPECISS     COLLEGE

v

(1) MAXWELL CHIRISERI     (2) EMMANUEAL CHIDODO     (3) ALLEN MUSEVENZI

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GARWE JA & OMERJEE AJA

HARARE, JUNE 12, 2012 & FEBRUARY 12, 2013

T Mpofu, for the appellant

P Mabundu, for the respondents

ZIYAMBI JA: This is an appeal against a judgment of the Labour Court setting aside the dismissal of the respondents and reinstating them to their former positions in the employ of the appellant. The appellant, as its name suggests, is a college whose core business is delivering education and training to students of varying ages. The respondents were employed by the appellant as tutors.  It is common cause that a withdrawal of labour was called for by the respondents’ union as a means of forcing the employers to negotiate salaries. It is also common cause that the strike was called off but the respondents nevertheless withdrew their labour on 6 September 2006, which was the beginning of the new school term.  As a result, new students wishing to register for classes were turned away, tuition fees were not collected and those who did attend classes received no tuition.