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Labour Court

Simbarashe Gurira v Ravemix Investments (Pvt) Ltd

[2014] ZWLC 420

Case Details

Court
Labour Court
Date
4 July 2014
Citation
[2014] ZWLC 420
Judgment No.
LC/H/420/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour LawUnfair DismissalArbitral Awards
Keywords
wrongful dismissaldamages in lieu of reinstatementarbitral awardperemptionres judicataquantification of damages
Tags
arbitral awardappealquantification of damagesperemptionres judicata
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the doctrine of peremption applies where a party registers and enforces an arbitral award while simultaneously appealing","issue_type":"procedural","dispositive":"no","related_facts":"Appellant registered award and accepted payment while appealing"}
  • {"issue_text":"Whether the issues raised in the appeal are res judicata","issue_type":"procedural","dispositive":"no","related_facts":"High Court registered the arbitral award as a judgment"}
  • {"issue_text":"Whether the appeal raises questions of law under Section 98(10)","issue_type":"procedural","dispositive":"partial","related_facts":"Appellant's grounds of appeal"}
  • {"issue_text":"Whether the appeal grounds should have been raised by review rather than appeal","issue_type":"procedural","dispositive":"partial","related_facts":"Second ground of appeal regarding Respondent's non-attendance"}
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background
Facts of the Case

Background

Appellant, a former employee dismissed in August 2011, obtained an arbitral award of US$10 292.00 damages in lieu of reinstatement. He registered and enforced the award in the High Court while simultaneously appealing to the Labour Court claiming an additional US$6 059.00. Respondent raised points in limine alleging peremption and res judicata.
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