MANYONDA & ORS v POSTS & TELECOMMUNICATIONS CORPORATION 1999 (2) ZLR 81 (H)

Flynote

Administrative law ” review ” application for ” domestic remedies available under relevant legislation ” such remedies c should be exhausted before applying to court, unless special circumstances exist

Headnote

The applicants were all employees of the respondent Corporation. They had taken part in a series of strikes which had occurred over a period of seven months. Regulations had then been enacted in terms of the D Presidential Powers (Temporary Measures) Act. Acting in terms of these regulations, the respondent summarily discharged the applicants. The regulations allowed an employer to dismiss summarily on the grounds that an employee had taken part in unlawful collective job action, and to do so without seeking the approval that would otherwise be required under the labour legislation. The regulations provided that aggrieved employees could seek redress from a labour relations officer or, if the contract had been terminated under a registered code of conduct, from the Labour Relations Tribunal. Instead they brought an application for common law review. They also argued that the respondent should have complied with the provisions of the relevant code of conduct. The respondent argued that the applicants should have exhausted their remedies under the regulations before seeking review.

Held, that the regulations gave an employer two options: one was to dismiss summarily; the other was to apply the provisions of the code of conduct.

Held, further, that where domestic remedies provide redress and the unlawfulness alleged has not been undermined by the domestic remedies, the applicants should exhaust the remedies unless there are good reasons or special circumstances for applying to the court. The unlawfulness alleged by the applicants was not undermined by the domestic remedies and there were no special reasons in this case for applying to the court for review.