Taaazadza Nhechemena Munhumutema v Joshua Tapambwa and Sydney Kazhanje and Stanbic Bank Zimbabwe Limited

HH 254-10

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Case Details

Court

Harare High Court

Date

17 November 2010

Citation

HH 254-10

Neutral Citation

[2010] ZWHH 254

Outcome

unknown

Case Type

Application

Bench

Presiding

Mutema J

Full Bench

Mutema J

Areas of Law

Labour lawCivil procedure

Keywords

contempt of courtreinstatementretirement agelabour tribunalemployment contract

Key Issues

{"issue_text":"Did the respondents commit contempt of court by failing to comply with the reinstatement orders?","issue_type":"mixed","dispositive":"yes","related_facts":"Bank tendered payment but applicant refused; applicant had reached retirement age"}
{"issue_text":"Can reinstatement extend beyond an employee's contractual retirement age?","issue_type":"law","dispositive":"yes","related_facts":"Applicant reached 60 years in June 1999; reinstatement ordered in December 1999"}

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background

Facts of the Case

Background

The applicant was dismissed from employment by Stanbic Bank in 1995. After appeals, the Labour Relations Tribunal ordered his reinstatement with full back pay. The applicant alleged the bank refused to reinstate him and sought contempt of court proceedings. The bank argued it had complied by calculating and tendering all amounts due, but the applicant refused payment as he had reached retirement age.

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