Julius Chikomwe and Three Hundred and Thirty-Seven Others v Standard Chartered Bank of Zimbabwe Limited and A.G. Nyazika N.O.

The 338 appellants were employees of Standard Chartered Bank. On 2 April 1997, they gave notice of their intention to strike over various disputes including profit-sharing, appraisals, pensions, and alleged victimisation. The Bank applied for a show cause order under s 106 of the Labour Relations Act. After mediation, only the profit-sharing dispute remained, which was referred to compulsory arbitration under s 98 of the Act on 22 April 1997, making any strike unlawful under s 99(1). Despite this, the appellants went on strike on 23 April 1997. A disposal order was issued on 25 April 1997 directing them to return to work by noon. Most appellants did not comply. The Bank sent letters to each employee requesting them to report for duty on 28 April 1997, failing which they would be in breach of contract. The appellants ignored these letters and individual disciplinary proceedings were instituted against each of them. Each appellant received individual notice of their hearing. The appellants collectively boycotted the hearings, resulting in their dismissal. Instead of following the appeals procedures in the code of conduct, they brought the matter on review to the High Court.

• Whether the High Court should entertain a review of dismissal decisions before domestic remedies (internal appeals) had been exhausted
• Whether the learned judge properly exercised her discretion in dismissing the review applications
• Whether there were good reasons justifying approaching the court before exhausting domestic remedies

The appeal was dismissed with costs.

The binding principle established is that courts should not entertain review applications concerning dismissal decisions made by domestic tribunals until the aggrieved parties have exhausted their domestic remedies (internal appeals procedures), unless there are good reasons justifying earlier judicial intervention. The decision whether to entertain such a review before domestic remedies are exhausted is within the court's discretion, and an appellate court will not interfere with that discretion unless it was exercised unreasonably. Where grounds of complaint and defences on the merits could have been raised before internal appeals boards and labour tribunals, there is no good reason to approach the court prematurely.

Ebrahim JA made important observations about the preparation of court records. He strongly criticized the unnecessarily bulky record containing 223 pages of identical affidavits in volume 1 and 216 duplicate affidavits in volume 2, with only the deponents' names differing. He noted that documents like "Annexure X" were unnecessarily duplicated. The judge referenced Rule 15(8) of the Supreme Court Rules, which requires registrars, parties, and their legal representatives to exclude irrelevant documents and reduce the bulk of records by avoiding duplication. He suggested that where numerous identically worded affidavits exist, parties should agree to include only one sample affidavit with an agreement noting that other persons made identical depositions. He expressed hope that this wasteful practice would be avoided in future, as it unnecessarily increased the cost of the record.

This case is significant in Zimbabwean labour law jurisprudence (relevant to South African labour law principles by analogy) as it reinforces the principle of exhaustion of domestic remedies before approaching the courts for review of dismissal decisions. It emphasizes that parties must follow internal disciplinary and appeals procedures before seeking judicial intervention, unless there are compelling reasons to bypass those remedies. The case also clarifies that the decision to entertain a review before domestic remedies are exhausted is discretionary and will not be interfered with on appeal unless unreasonable. It serves as an important reminder to employees that they cannot simply boycott internal processes and then seek judicial review without following prescribed procedures.