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Labour Court

Diamond Mining Corporation v Foster Mukwada & 2 Others

LC/MC/16/14

Case Details

Court
Labour Court
Date
28 March 2014
Citation
LC/MC/16/14
Neutral Citation
[2014] ZWLC 16
Outcome
unknown
Case Type
Review

Bench

Presiding
E Muchawa
Full Bench
E Muchawa
Areas of Law
Labour LawArbitration Law
Keywords
unfair dismissalarbitrationfixed term contractslegitimate expectationreinstatementbias
Tags
arbitration reviewfixed term contractslegitimate expectation
legislation
Statutes Cited
  • Model Law to the Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator committed gross irregularity by proceeding without an oral hearing when requested","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant requested oral hearing on 13 December 2012; Award issued on 14 December 2012; Parties never agreed to no oral hearing"}
  • {"issue_text":"Whether the arbitrator exhibited bias by failing to hold an oral hearing and serving award directly on applicant","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator failed to hold oral hearing when requested; Award served directly on applicant instead of legal practitioners"}
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background
Facts of the Case

Background

The respondents were employed by the appellant on fixed term contracts from October 2010, with the last contracts running from 1 March to 30 June 2012. When these contracts were not renewed, the respondents claimed unfair dismissal, alleging legitimate expectation of re-engagement. The matter proceeded to arbitration where the arbitrator ruled in favour of the respondents, ordering reinstatement and damages in lieu of reinstatement.
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