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Labour Court
Surface Investments v Morgan Chiname & 30 Others
LC/H/244/14
Case Details
Court
Labour Court
Date
25 April 2014
Citation
LC/H/244/14
Neutral Citation
[2014] ZWLC 244
Outcome
unknown
Case Type
Appeal
Bench
Presiding
R. F. Manyangadze
Full Bench
R. F. Manyangadze
Areas of Law
Labour lawTrade union lawCivil procedure
Keywords
Locus standi in judicioTrade union constitutionLegal representationUltra vires
Tags
Locus standiTrade union representationLegal authority
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a trade union's constitution must specifically empower it to represent members in legal proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Union constitution sections 5.6 and 5:14(iv)"}
- {"issue_text":"Whether Mr P Chakabuda had authority to represent the union in court","issue_type":"procedural","dispositive":"no","related_facts":"Letter dated 12 February 2014, long history of representation"}
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background
Facts of the Case
Background
The appellant challenged the Zimbabwe Food Beverages and Allied Workers Union's authority to represent 31 employees in labour proceedings, arguing the union's constitution must specifically empower legal representation. The union produced its certificate of registration and constitutional provisions allowing legal assistance and representations to the Labour Court.
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