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Harare High Court
Thandiwe Mandiringa v National Social Security Authority & 5 Others
HH 98-2005
Case Details
Court
Harare High Court
Date
17 November 2005
Citation
HH 98-2005
Neutral Citation
[2005] ZWHH 98
Outcome
unknown
Case Type
Application
Bench
Presiding
Makarau J
Full Bench
Makarau J
Areas of Law
Labour lawArbitrationCivil procedure
Keywords
ReinstatementArbitral award registrationSection 98(14) Labour ActDamages in lieu of reinstatement
Tags
Arbitral awardsRegistration of awardsReinstatement ordersLabour arbitration
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Magistrate's Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether arbitral awards ordering reinstatement without specifying damages in lieu of reinstatement can be registered as court orders under section 98(14) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Awards did not specify monetary amounts; some left quantum to be agreed"}
- {"issue_text":"Whether an award must sound in money to be registrable under section 98(14)","issue_type":"law","dispositive":"yes","related_facts":"Awards ordered reinstatement rather than payment of money"}
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background
Facts of the Case
Background
Six employees brought chamber applications to register arbitral awards ordering their reinstatement without loss of salary and benefits. The awards were made by arbitrators after the employees were dismissed or suspended by their respective employers. None of the awards specified damages in lieu of reinstatement or computed the actual monetary loss.
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