Roy Stone Kuseni v Cripps Road Service Station

[2013] ZWLC 175

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Case Details

Court

Labour Court

Date

9 May 2013

Citation

[2013] ZWLC 175

Judgment No.

LC/H/175/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawArbitration

Keywords

Certificate of SettlementCertificate of No SettlementGrade classificationArbitrator jurisdiction

Key Issues

{"issue_text":"Whether appeal raises questions of law as required by Section 98(10) of Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Grounds of appeal as formulated by self-represented appellant"}
{"issue_text":"Whether Arbitrator erred in declining jurisdiction when both Certificate of Settlement and Certificate of No Settlement existed","issue_type":"mixed","dispositive":"yes","related_facts":"Designated Agent issued both certificates on same date"}
{"issue_text":"Whether Certificate of Settlement can be set aside on ground appellant was misled","issue_type":"law","dispositive":"no","related_facts":"Appellant signed certificate but claims unaware of contents"}

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background

Facts of the Case

Background

Appellant employee claimed underpayment and wrong grade classification. Parties signed Certificate of Settlement on 16 November 2011 but Designated Agent also issued Certificate of No Settlement referring grade dispute to arbitration. Arbitrator declined jurisdiction holding matter already settled. Appellant appealed.

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