Emma Kundishora v Zimbabwe Red Cross Society

[2020] ZWSC 48

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Case Details

Court

Supreme Court

Date

13 March 2020

Citation

[2020] ZWSC 48

Judgment No.

SC 48/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKONI JA

Full Bench

HLATSHAWO JAMAKONI JABERE JA

Areas of Law

Labour lawEmployment benefitsCompany law

Keywords

Resignation benefitsVehicle transfer costsHonorary treasurer authorityTurquand ruleOstensible authority

Key Issues

{"issue_text":"Whether the court a quo's finding that the Honorary Treasurer lacked authority unduly interfered with the arbitrator's factual findings","issue_type":"law","dispositive":"no","related_facts":"Treasurer's authority, arbitrator's findings"}
{"issue_text":"Whether the undertaking made by the treasurer is binding on the respondent by virtue of the Turquand rule","issue_type":"law","dispositive":"yes","related_facts":"Appellant's position, internal procedures, ostensible authority"}

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Facts of the Case

Background

The appellant resigned from her position as Secretary General of the respondent organization. A dispute arose over whether the respondent was obligated to pay US$17,500 in vehicle transfer costs after the Honorary Treasurer undertook to meet these costs, which undertaking was later retracted. An arbitrator ordered payment, but the Labour Court set aside this award.

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