SOS Hermann Gmeiner High School v Lazarus Mudzingwa & 2 Ors

[2016] ZWLC 299

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Case Details

Court

Labour Court

Date

13 May 2016

Citation

[2016] ZWLC 299

Judgment No.

LC/H/299/2016

Outcome

unknown

Case Type

Review

Bench

Presiding

D L Hove J

Full Bench

D L Hove J

Areas of Law

Labour LawEmployment Council JurisdictionJudicial Review

Keywords

NECWEISection 46 Labour ActArbitrator BiasEmployment Council Classification

Key Issues

{"issue_text":"Whether the NECWEI arbitrator had jurisdiction to determine if NECWEI had jurisdiction over the employees","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator was NECWEI official; dispute over employment council classification"}
{"issue_text":"Whether there was a real danger of bias from the NECWEI arbitrator deciding his own council's jurisdiction","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator was NECWEI official; NECWEI was interested party"}

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background

Facts of the Case

Background

The applicant employer sought review of an arbitral award challenging the jurisdiction of a NECWEI arbitrator to determine whether employees fell under NECWEI or another employment council, and whether the arbitrator being a NECWEI official created a real danger of bias.

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