Manyame Milling (Pvt) Ltd v Brian Matibwe & 6 Ors

[2016] ZWLC 208

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Case Details

Court

Labour Court

Date

8 April 2016

Citation

[2016] ZWLC 208

Judgment No.

LC/H/208/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P Muzofa J

Full Bench

P Muzofa J

Areas of Law

Labour arbitrationDefault ordersAppeal procedure

Keywords

default awardarbitrationrescissionsection 25(c) Arbitration Act

Key Issues

{"issue_text":"Whether a default order issued by an arbitrator can be directly appealed","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant appealed directly without seeking rescission"}
{"issue_text":"Whether an arbitrator has power to grant default orders","issue_type":"law","dispositive":"no","related_facts":"Appellant challenged arbitrator's jurisdiction under section 25(c)"}
{"issue_text":"Whether an arbitrator can rescind their own default order","issue_type":"law","dispositive":"no","related_facts":"Arbitration Act doesn't explicitly provide for rescission"}

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background

Facts of the Case

Background

The appellant failed to appear before an arbitrator on 10 September 2013 despite requesting postponement the previous day. The respondents obtained a default order, and the appellant appealed directly to the Labour Court without first seeking rescission of the default order.

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