ZESA HOLDINGS (PVT) LTD v ENERGY SECTOR WORKERS’ UNION

Key Issues

• {"issue_text":"Whether the applicant has established a clear right to interdict the respondent from proceeding with the demonstration","issue_type":"law","dispositive":"yes","related_facts":"The nature of the demonstration as a collective job action and the essential service status of employees"}
• {"issue_text":"Whether the demonstration constitutes an unlawful collective job action","issue_type":"law","dispositive":"yes","related_facts":"The employees are in an essential service and procedures under section 104(2) were not followed"}
• {"issue_text":"Whether constitutional rights under section 59 protect the demonstration","issue_type":"constitutional","dispositive":"yes","related_facts":"The respondent's argument that section 59 applies"}
• {"issue_text":"Whether the balance of convenience favors granting interim relief","issue_type":"law","dispositive":"yes","related_facts":"The pending show cause order proceedings"}

Background