Benedict Shangiwa & 5 Ors v Liona Ndimbarimba N.O & 2 Ors

HH 679-22

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Case Details

Court

Harare High Court

Date

5 October 2022

Citation

HH 679-22

Neutral Citation

[2022] ZWHH 679

Outcome

unknown

Case Type

Application

Bench

Presiding

CHILIMBE J

Full Bench

CHILIMBE J

Areas of Law

Labour lawJurisdictionDeclaratory orders

Keywords

RetrenchmentLabour Court jurisdictionHigh Court jurisdictionSection 93(5a) Labour ActDraft ruling confirmation

Key Issues

{"issue_text":"Does the High Court have jurisdiction to grant declaratory and mandamus relief in labour matters falling within Labour Court's exclusive jurisdiction?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants seek declaratur compelling labour officer to refer matter to Labour Court"}
{"issue_text":"Whether first respondent issued a draft ruling requiring referral under section 93(5a) or a final ruling","issue_type":"mixed","dispositive":"no","related_facts":"Divergent interpretations of first respondent's ruling"}

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Facts of the Case

Background

Six former employees of the Civil Aviation Authority of Zimbabwe challenged their retrenchment, claiming it was procedurally and substantively unfair. After the National Employment Council officer issued what applicants claimed was a draft ruling, they sought an order compelling her to refer the matter to the Labour Court for confirmation under section 93(5a) of the Labour Act.

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