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Labour Court

City of Harare v Clever Thomford Thom & 5 Others

[2016] ZWLC 515

Case Details

Court
Labour Court
Date
9 September 2016
Citation
[2016] ZWLC 515
Judgment No.
LC/H/515/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Hove J
Full Bench
Hove J
Areas of Law
Labour lawArbitration
Keywords
arbitral award appeallabour amendment act 2015back pay calculationdamages in lieu of reinstatement
Tags
arbitral awardappeallabour amendment act
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred by applying the Labour (Amendment) Act 2015 when the cause of action arose before the Act came into operation","issue_type":"law","dispositive":"yes","related_facts":"Cause of action pre-dated the Amendment Act"}
  • {"issue_text":"Whether ground 2 of appeal (calculation error) raises a point of law","issue_type":"procedural","dispositive":"yes","related_facts":"Section 98(10) limits appeals to points of law"}
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background
Facts of the Case

Background

The appellant appealed against an arbitral award that applied the Labour (Amendment) Act 2015 to calculate back pay and damages in lieu of reinstatement. The appeal challenged both the applicability of the Amendment Act and the calculation methodology.
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