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Labour Court
Memory Dakwa v Isoquant Investments t/a Zimoco
[2016] ZWLC 722
Case Details
Court
Labour Court
Date
18 November 2016
Citation
[2016] ZWLC 722
Judgment No.
LC/H/722/16
Outcome
unknown
Case Type
Application
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Labour LawConstitutional Law
Keywords
retrenchment packagesconstitutional challengelabour officer as applicantequal protectionadministrative justice
Tags
constitutional challengelabour officersection 93 referral
legislation
Statutes Cited
- Labour Act [Chapter 28:01] as amended by Act 5 of 2015
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the request to refer constitutional issues to Constitutional Court is frivolous and vexatious","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's constitutional challenge to sections 93(5a) and (5b)"}
- {"issue_text":"Whether sections 93(5a) and (5b) infringe right to equal protection under Section 56(1) and 56(4)(b)","issue_type":"constitutional","dispositive":"no","related_facts":"Adjudicator becomes litigant representing employees"}
- {"issue_text":"Whether sections 93(5a) and (5b) infringe right to administrative justice under Section 68(1)","issue_type":"constitutional","dispositive":"no","related_facts":"Impartiality compromised when adjudicator becomes litigant"}
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background
Facts of the Case
Background
The applicant, a Designated Agent with the National Employment Council for the Motor Industry, issued a ruling ordering the respondent to pay $139,896.43 in retrenchment packages to 17 former employees. The respondent opposed the registration application, challenging the constitutionality of sections 93(5a) and (5b) of the Labour Act.
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