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Harare High Court

Portnet Holdings (Pvt) Ltd v Muchaneta Maliseni

HH 450-12

Case Details

Court
Harare High Court
Date
3 September 2012
Citation
HH 450-12
Neutral Citation
[2012] ZWHH 450
Outcome
unknown
Case Type
Application

Bench

Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Arbitration LawEmployment LawExchange Control Law
Keywords
Arbitral AwardPublic PolicyForeign CurrencyExchange ControlTerminal Benefits
Tags
ArbitrationEmploymentForeign Currency
legislation
Statutes Cited
  • Arbitration Act
  • Arbitration Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant was given proper notice of the arbitration proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Notice was delivered to applicant's place of business; Applicant claims notice should have been served at legal practitioners' offices"}
  • {"issue_text":"Whether the arbitral award is contrary to public policy of Zimbabwe due to illegal foreign currency agreement","issue_type":"law","dispositive":"yes","related_facts":"Agreement concluded in January 2009 when foreign currency transactions required exchange control authority; Both parties were acting illegally"}
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background
Facts of the Case

Background

The respondent was an employee of the applicant. On 30 January 2009 the parties concluded a mutual agreement to terminate the respondent's contract of employment, awarding her terminal benefits including a laptop, motor vehicle, and US$16 000. After partial payment of US$6 600, the dispute was referred to arbitration which resulted in an award ordering payment of the remaining US$9 400. The applicant sought to set aside this award.
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