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Labour Court

Jonathan Chibaya v British American Tobacco Zimbabwe

[2016] ZWLC 347

Case Details

Court
Labour Court
Date
10 June 2016
Citation
[2016] ZWLC 347
Judgment No.
LC/H/347/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L M Murasi J
Full Bench
L M Murasi J
Areas of Law
Labour lawCivil procedure
Keywords
lis pendensres judicataquantificationappealstay of proceedings
Tags
NEC Disciplinary CommitteeQuantification proceedingsLis pendens
legislation
Statutes Cited
  • none
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Was the NEC Disciplinary Committee entitled to proceed with quantification while a Supreme Court application was pending?","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court application Case No SC 359/15 pending; NEC DC proceeded with quantification"}
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background
Facts of the Case

Background

The appellant employee had won before an NEC Disciplinary Committee which ruled in his favour. The employer appealed to the Labour Court and lost, then applied for leave to appeal to the Supreme Court. While that application was pending, the employee approached the NEC Disciplinary Committee for quantification, which the employer opposed on grounds of lis pendens. The NEC DC proceeded regardless and made an award.
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