Consolator Nyamazana v The Provincial Labour Officer Matabeleland North N.O and African Sun Limited

HB 209-19

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Case Details

Court

Bulawayo High Court

Date

9 January 2020

Citation

HB 209-19

Neutral Citation

[2019] ZWHB 209

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Labour lawCivil procedure

Keywords

Labour ActArbitrationProvincial Labour OfficerInherent jurisdictionPrescription

Key Issues

{"issue_text":"Whether the High Court can compel the Provincial Labour Officer to appoint an arbitrator","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant cited Provincial Labour Officer instead of Labour Officer"}
{"issue_text":"Whether the application is properly before the High Court","issue_type":"procedural","dispositive":"yes","related_facts":"Labour Court has jurisdiction over labour disputes"}

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background

Facts of the Case

Background

The applicant, a former Deputy General Manager at Elephant Hills Resort, was dismissed by African Sun Limited in 2011. She claims unfair dismissal and sought to compel the Provincial Labour Officer to schedule arbitration. The matter had been referred to arbitration but the appointed arbitrator was transferred before hearing it. Applicant made several requests to the wrong office (Provincial Labour Officer) instead of the Labour Officer.

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