ZB Retrenchees v Zimbabwe Broadcasting Holdings

HH 183-17

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Case Details

Court

Harare High Court

Date

15 March 2017

Citation

HH 183-17

Neutral Citation

[2017] ZWHH 183

Outcome

unknown

Case Type

Application

Bench

Presiding

Makoni J

Full Bench

Makoni J

Areas of Law

Labour LawCivil Procedure

Keywords

unfair labour practicedispute of rightexclusive jurisdictiondeclaratory order

Key Issues

{"issue_text":"Whether the High Court has jurisdiction to hear an application for a declaratur when the dispute concerns a retrenchment agreement and falls within the exclusive jurisdiction of the Labour Court","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants sought a declaratur regarding implementation of a retrenchment agreement; the dispute concerns labour rights and obligations"}
{"issue_text":"Whether the dispute between the parties constitutes a \"dispute of right\" under the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"The applicants complain about respondent's failure to implement a Labour Court determination"}

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background

Facts of the Case

Background

The applicants and respondent entered into a retrenchment package agreement in 2002. Disputes arose regarding its implementation, leading to arbitration and subsequent appeals. The applicants sought a declaratur from the High Court regarding whether the retrenchment package had been paid in full. The respondent raised a point in limine challenging the High Court's jurisdiction.

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