S. Mutanda and Others v City of Harare

[2014] ZWLC 185

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Case Details

Court

Labour Court

Date

28 March 2014

Citation

[2014] ZWLC 185

Judgment No.

LC/H/185/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawArbitration

Keywords

responsibility allowancearbitrator jurisdictionmero motu

Key Issues

{"issue_text":"Whether the arbitrator erred in raising jurisdictional issues mero motu without inviting submissions","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator raised Section 63 and Section 124 issues not referred by parties"}
{"issue_text":"Whether the Labour Officer had jurisdiction after 30 days elapsed without NEC resolution","issue_type":"law","dispositive":"yes","related_facts":"Letter dated 10 December 2011 showed 30 days had lapsed since 2 November 2011 referral"}
{"issue_text":"Whether appellants contravened Section 124 by referring matter to Labour Officer while NEC was seized","issue_type":"law","dispositive":"no","related_facts":"Matter referred to Labour Officer after 30 days elapsed"}

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Facts of the Case

Background

Appellants employed by City of Harare were transferred to ZINWA in 2005 when water function was transferred, then re-transferred back to City of Harare in 2009. They received responsibility allowance for higher-level duties which was withdrawn in October 2011. After NEC failed to resolve dispute within 30 days, matter referred to Labour Officer then to arbitrator who ruled on procedural issues raised mero motu.

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