Cuthbert Elkanah Dube v Premier Service Medical Aid Society & Premier Service Medical Investments

[2022] ZWSC 5

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Case Details

Court

Supreme Court

Date

24 January 2022

Citation

[2022] ZWSC 5

Judgment No.

SC 5/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makoni JA

Full Bench

Makoni JAMathonsi JAChitakunye JA

Areas of Law

Labour lawArbitration law

Keywords

Compulsory arbitrationTerms of referenceContract terminationEmployment contract

Key Issues

{"issue_text":"Whether the court a quo erred in finding that the arbitrator acted outside his terms of reference in concluding that a contract of employment between the appellant and the first respondent still subsisted","issue_type":"law","dispositive":"yes","related_facts":"Terms of reference focused on lawfulness of termination, arbitrator found contract still subsisted"}
{"issue_text":"Whether the court a quo erred in finding that the appellant did not have a binding contract with the second respondent","issue_type":"mixed","dispositive":"yes","related_facts":"No written contract with second respondent, appellant claimed oral contract"}

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background

Facts of the Case

Background

The appellant was CEO of the first respondent medical aid society. His contract was extended for 10 years but later rescinded based on retirement policy. Two separate arbitrations found his contracts with both respondents were valid and enforceable. The Labour Court allowed appeals against both awards, finding the arbitrator exceeded terms of reference and no contract existed with second respondent.

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