Gilbert Manda v Damic Security (Pvt) Ltd

HB 146-19

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Case Details

Court

Bulawayo High Court

Date

3 October 2019

Citation

HB 146-19

Neutral Citation

[2019] ZWHB 146

Outcome

unknown

Case Type

Application

Bench

Presiding

Moyo J

Full Bench

Moyo J

Areas of Law

Labour lawCivil procedure

Keywords

ReinstatementArbitral awardMandamusLabour CourtDamages in lieu of reinstatement

Key Issues

{"issue_text":"Whether the High Court can grant mandamus or register an arbitral award for reinstatement where damages in lieu of reinstatement have already been quantified and paid","issue_type":"procedural","dispositive":"yes","related_facts":"Employer paid damages in lieu of reinstatement; Labour Court confirmed arbitration award; Applicant seeks reinstatement"}
{"issue_text":"Whether this court has jurisdiction to re-try labour matters already finalised by the Labour Court","issue_type":"procedural","dispositive":"yes","related_facts":"Labour Court dealt with applicant's challenges and dismissed them; Applicant approaching High Court for 9th time"}

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background

Facts of the Case

Background

The applicant was dismissed by his employer after being convicted of misconduct. An arbitrator reinstated him, but the employer refused reinstatement and instead paid damages in lieu of reinstatement. The applicant repeatedly challenged this through various applications at the Labour Court, all of which were dismissed. He then approached the High Court seeking mandamus or registration of an arbitral award for reinstatement.

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