Charles J. Makari v Toll Free Zimbabwe (Private) Limited

HH 538-18

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Case Details

Court

Harare High Court

Date

19 September 2018

Citation

HH 538-18

Neutral Citation

[2018] ZWHH 538

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Labour LawArbitration

Keywords

arbitral awardregistrationenforcementLabour Act

Key Issues

{"issue_text":"Whether an arbitral award should be registered when the applicant approached court before the respondent's alleged default date","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 30 October 2017, instalments due 11 November and 11 December 2017"}
{"issue_text":"Whether registration of arbitral award should be refused on grounds that respondent company is no longer operating","issue_type":"mixed","dispositive":"no","related_facts":"Respondent claimed company staggering to survive, no employees"}
{"issue_text":"Whether the arbitral award is capable of registration under section 98(14) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Award sounding in money, unsatisfied since 11 October 2017"}

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background

Facts of the Case

Background

The applicant obtained an arbitral award in his favour on 13 February 2017 for US$17,559.54 in arrear salaries. Damages were quantified on 11 October 2017 at US$10,080.00. The respondent opposed registration arguing the applicant approached court before default occurred and that the company was no longer operating.

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