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Labour Court

Alois Mapfumo v Transport & General Workers Union

[2016] ZWLC 728

Case Details

Court
Labour Court
Date
18 November 2016
Citation
[2016] ZWLC 728
Judgment No.
LC/H/728/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Labour arbitration procedureLocus standi of representativesArticle 25 of Arbitration Act
Keywords
constructive dismissalarbitrationlocus standitrial de novounopposed proceedings
Tags
constructive dismissalarbitrationlocus standitrade union representation
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred by ordering a trial de novo instead of proceeding on an unopposed basis when the respondent's representative lacked locus standi","issue_type":"procedural","dispositive":"yes","related_facts":"Representative lacked practising certificate; no proper representation; statement of defence a nullity"}
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background
Facts of the Case

Background

The appellant lodged a constructive dismissal complaint against the respondent trade union. During arbitration, the appellant raised a point in limine that the respondent's representative lacked locus standi as he had no practising certificate and improperly purported to represent the respondent as a legal practitioner. The arbitrator upheld the point and ordered a hearing de novo, which the appellant appealed.
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