Diggleford School SDA v Robert Machokoto & 19 Others & Anor

[2014] ZWLC 758

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Case Details

Court

Labour Court

Date

14 October 2014

Citation

[2014] ZWLC 758

Judgment No.

LC/H/758/2014

Outcome

unknown

Case Type

Application

Bench

Presiding

R. Manyangadze

Full Bench

R. Manyangadze

Areas of Law

Labour LawArbitration Law

Keywords

stay of executionarbitral awardshort time workcollective bargainingdefault judgment

Key Issues

{"issue_text":"Whether this court has jurisdiction to grant stay of execution of an arbitral award","issue_type":"procedural","dispositive":"no","related_facts":"Rule 34 of Labour Court Rules; Section 92E of Labour Act"}
{"issue_text":"Whether applicant established possibility of irreparable harm","issue_type":"mixed","dispositive":"no","related_facts":"Claim of US$54,514; actual award limited to short time work quantification"}
{"issue_text":"Whether applicant has prospects of success on appeal against default judgment","issue_type":"law","dispositive":"yes","related_facts":"Appeal against default judgment where applicant did not appear"}

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background

Facts of the Case

Background

The applicant sought a stay of execution of an arbitral award that nullified its short time work implementation from September 2011 to May 2013 and ordered payment of amounts owed to employees. The award was granted by arbitrator Honourable N.K. Nhimba on 14 August 2013, with the applicant failing to appear at the arbitration hearing.

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