National Employment Council for the Catering Industry v Harare Club

Key Issues

• {"issue_text":"Whether the order sought violates defendant's fundamental constitutional right to freedom of association as enshrined in s58 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Defendant argues it cannot be forced to belong to employer's organisation"}
• {"issue_text":"Whether the statutes upon which plaintiff grounded its claim lost validity through abrogation","issue_type":"law","dispositive":"no","related_facts":"Change from Zimbabwe dollar to multi-currency regime"}
• {"issue_text":"Whether membership of the pension fund is optional or mandatory and its effect on defendant","issue_type":"law","dispositive":"yes","related_facts":"Defendant argues pension fund membership is optional"}
• {"issue_text":"Whether defendant is indebted to plaintiff in the unprescribed amount of $37,369.82","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant failed to make payments; parties agreed amount"}
• {"issue_text":"Whether plaintiff's claim is competent for failure to allege defendant's employees are members of the pension fund","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff's summons does not allege employee membership"}

Background