Tinashe Hlatshwayo v St Peter’s Catholic School

JUDGMENT NO LC/H/552/2016

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Case Details

Court

Labour Court

Date

9 September 2016

Citation

JUDGMENT NO LC/H/552/2016

Neutral Citation

[2016] ZWLC 552

Judgment No.

LC/H/552/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour LawPrescription Law

Keywords

UnderpaymentPrescriptionArbitrationLabour Act

Key Issues

{"issue_text":"Whether the arbitrator erred in dismissing claims for underpayments from 2009 to March 2012 on prescription grounds","issue_type":"law","dispositive":"yes","related_facts":"The claims were older than two years when the matter was referred to the labour officer"}
{"issue_text":"Whether the dispute regarding 2009 wages interrupted prescription","issue_type":"law","dispositive":"yes","related_facts":"The 2009 wages were subject to a protracted dispute which ended in the Supreme Court in 2012"}

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Facts of the Case

Background

The appellant appealed against an arbitration award that dismissed his claim for underpayments from 2009 to March 2012 on prescription grounds. The arbitrator found that the claim was time-barred under Section 94(1) of the Labour Act, which requires disputes to be referred within two years of arising. The court upheld the arbitrator's decision.

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