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Supreme Court

Rita Marque Mbatha v Farai Bwatikona Zizhou & Anor (Confederation of Zimbabwe Industries)

[2018] ZWSC 69

Case Details

Court
Supreme Court
Date
30 October 2018
Citation
[2018] ZWSC 69
Judgment No.
SC 69/2018
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Patel JA
Full Bench
Patel JAMakarau JAHlatshwayo JA
Areas of Law
Delictual damagesPrescriptionArbitration law
Keywords
sexual harassmentprescriptionarbitrationdamageslabour disputedelict
Tags
sexual harassmentprescriptionarbitrationlabour dispute
legislation
Statutes Cited
  • Prescription Act
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether submission of sexual harassment dispute to arbitration interrupted running of prescription on claim for delictual damages","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found sexual harassment in March 2014; damages claim filed June 2014"}
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background
Facts of the Case

Background

The appellant claimed damages for sexual harassment by the first respondent between September 2002 and June 2003 while employed by the second respondent. After her dismissal, she pursued the matter through arbitration which found in her favour in March 2014. She then instituted High Court proceedings for damages in June 2014. The High Court upheld a prescription plea, finding the claim had prescribed by 2003.
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