Online Reporter
Fidelis Munyoro
Chief Court Reporter
THE High Court has dismissed an application by former Ministry of Health and Child Care deputy director monitoring and evaluation Lloyd Machacha, who sought to enforce a Labour Court judgment issued in his favour.
Justice Joel Mambara ruled that the court lacked jurisdiction to entertain the matter, as the applicant had not exhausted enforcement mechanisms under the Labour Act.
The dispute originated from Machacha’s dismissal from employment in the public health sector, which the Labour Court, in judgment LC/H/1064/23, deemed unlawful.
The Labour Court ordered his reinstatement with full benefits or, alternatively, compensatory damages if reinstatement was not possible. The judgment was not appealed and became final.
Machacha argued that the respondents, the Health Services Commission, and Commissioners—Vincent Hungwe, Rugare Kangwende, Gerald Gwinji, Edward Makondo, Angelbert Mbengwa, Mercy Gwaunza, Josepine Mwakutuya and Christopher Pasi—had not complied with the order, prompting him to approach the High Court for relief.
The respondents objected, raising a preliminary point that the High Court lacked jurisdiction, as the matter fell within the purview of the Labour Court.
Justice Mambara upheld the objection, stating that the Labour Court’s enforcement mechanisms were the appropriate route.
Section 92B(3) of the Labour Act allows Labour Court judgments to be registered with either the Magistrates’ Court or High Court for enforcement.
The Act also provides for quantification of damages and contempt proceedings through the Labour Court.
The court stressed the principle of exhausting domestic remedies, noting that the Labour Court is a specialised tribunal established to handle employment disputes. Justice Mambara cited previous rulings underscoring the Labour Court’s exclusive jurisdiction in such matters.
To this end, the court ruled that bypassing the Labour Court would undermine its purpose and legislative intent.
The application was dismissed with costs, and Machacha was advised to pursue enforcement through the Labour Court framework.
The court ruled that further action might only be considered if remedies under the Labour Act were exhausted or deemed ineffective.
