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Labour Court

Freda Rebecca Mine v Jucha Mwanza & Fifteen Others

[2016] ZWLC 727

Case Details

Court
Labour Court
Date
18 November 2016
Citation
[2016] ZWLC 727
Judgment No.
LC/H/727/16
Outcome
unknown
Case Type
Appeal with Cross-Appeal

Bench

Presiding
Chidziva J
Full Bench
Makamure JHove JChivizhe JChidziva J
Areas of Law
Labour lawArbitration
Keywords
rescission of judgmentbrutum fulmenarbitral awardquantification proceedings
Tags
arbitral awardrescissionquantificationbrutum fulmen
legislation
Statutes Cited
  • None quoted or referenced.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What is the effect of the rescission of the Chidziva judgment on the arbitral awards based upon it?","issue_type":"law","dispositive":"yes","related_facts":"Chidziva judgment rescinded 17 Apr 2013; Gabilo awards dated 16 Jan and 27 Aug 2014"}
  • {"issue_text":"Were the quantification proceedings valid despite the rescission?","issue_type":"procedural","dispositive":"yes","related_facts":"Hove ordered quantification after rescission"}
  • {"issue_text":"Should additional benefits (bonus, food hampers) have been granted in the cross-appeal?","issue_type":"mixed","dispositive":"no","related_facts":"Cross-appeal claims listed"}
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background
Facts of the Case

Background

Employees claimed unpaid allowances and benefits for 2009-2011. Arbitrator Gabilo granted quantification, but the judgment he relied on (Chidziva J, 15 Aug 2011) was later rescinded by Makamure J on 17 Apr 2013, rendering subsequent proceedings a nullity.
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