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Labour Court
Shelton Zinyemba v Dohne Construction
LC/H/265/2013
Case Details
Court
Labour Court
Date
12 June 2013
Citation
LC/H/265/2013
Neutral Citation
[2013] ZWLC 265
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawSettlement agreementsRes judicata
Keywords
unlawful dismissalarbitral awardsettlementwaivercompromise agreement
Tags
settlement agreementwaiver of rightsres judicata
legislation
Statutes Cited
- N
- o
- n
- e
- c
- i
- t
- e
- d
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant waived his right to pursue the appeal by entering into and accepting payments under the settlement agreement","issue_type":"procedural","dispositive":"yes","related_facts":"The appellant accepted all settlement payments despite late payment; the settlement contained no revival clause"}
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background
Facts of the Case
Background
The appellant was awarded US$6,422.00 by an arbitrator for unlawful dismissal. He sought an additional award which was refused. He noted an appeal to the Labour Court. Before the appeal was heard, the parties entered into a settlement agreement for payment in three installments. The respondent failed to pay the second and third installments on time but eventually paid all amounts before the final hearing date.
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