N NJILISI & 60 OTHERS v TAMBUDZAI ENTERPRISES (PVT) LIMITED t/a HILTON KWIKSPAR

JUDGMENT NO LC/H/32/14

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Case Details

Court

Labour Court

Date

31 January 2014

Citation

JUDGMENT NO LC/H/32/14

Neutral Citation

[2014] ZWLC 32

Judgment No.

LC/H/32/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F C Maxwell

Full Bench

F C Maxwell

Areas of Law

Labour LawArbitration LawAdministrative Law

Keywords

Arbitral awardJurisdictionSuspension of decisionAppealLabour Court

Key Issues

{"issue_text":"Whether noting an appeal against an arbitral award in terms of s 98(10) suspends the operation of the decision appealed against","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's decision declining jurisdiction based on suspension theory"}
{"issue_text":"Whether Section 92E(2) of Labour Act applies to arbitral awards","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's interpretation that no such provision exists for arbitral appeals"}
{"issue_text":"Whether Respondent should have utilized Section 92E(3) for stay of arbitral award","issue_type":"law","dispositive":"no","related_facts":"Respondent's failure to seek interim determination for stay"}

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background

Facts of the Case

Background

Appellants were dismissed from employment in 2004. In 2006, their reinstatement was ordered by the Midlands Local Joint Committee and affirmed by the Negotiating Committee. Respondent noted an appeal to this Court on 14 June 2013 but did not comply with the reinstatement order. The matter was referred for compulsory arbitration for quantification of damages, but the Arbitrator declined jurisdiction on 20 May 2013, finding that the noting of an appeal suspended the Local Joint Committee judgment.

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