MPUMELA v BERGER PAINTS (PVT) LTD 1999 (2) ZLR 146 (S)

Flynote

Employment ” appeal under labour legislation ” decision of Labour Relations Tribunal ” appeal only on question of law ” question of law ” what is ” question of lawfulness of order issued to employee a question of law

Headnote

A bookkeeper was ordered by his manager to wear appropriate clothes to work, including a jacket and tie. He refused to comply with this order and continued to wear casual clothes. On application, a labour relations officer granted an order for the dismissal of the employee on the ground that he had wilfully disobeyed a lawful order. The employee unsuccessfully appealed against this determination to a senior labour relations officer and then to the Labour Relations Tribunal. The employee finally appealed to the Supreme Court against the decision of the Labour Relations Tribunal. The main issue in the appeal was whether the order issued by the manager was a lawful one.

Held, that s 92(2) of the Labour Relations Act [Chapter 28:01] provides that an appeal from the decision of the Labour Relations Tribunal lies to the Supreme Court on a question of law only.

Held, further that the issue of whether the order is lawful is a question of law, in the sense that it raised a question of what the law is on a certain matter.

Held, further, that the order was a lawful one as it properly appertained to the character of the employee's contract. It did not matter that the contract itself did not lay down what clothing the employee had to wear to work. The employee was employed as a bookkeeper and the manager was quite entitled to instruct him to wear appropriate clothing for this job.