Zimbabwe Assemblies of God Africa (ZAOGA) v Kasikai Mashonganyika

SC 43/18

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Case Details

Court

Supreme Court

Date

19 July 2018

Citation

SC 43/18

Neutral Citation

[2018] ZWSC 43

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GWAUNZA JA

Full Bench

GWAUNZA JAGUVAVA JAMAVANGIRA JA

Areas of Law

Labour LawArbitration Law

Keywords

locus standirepresentationarbitratorlabour consultantstatutory interpretation

Key Issues

{"issue_text":"Whether a labour consultant has the authority to represent a party in arbitration proceedings under the Arbitration Act","issue_type":"law","dispositive":"yes","related_facts":"Representation of respondent by labour consultant in arbitration"}
{"issue_text":"Whether the Labour Act provisions on representation override the Arbitration Act provisions","issue_type":"law","dispositive":"yes","related_facts":"Conflict between Section 92 of Labour Act and Article 24(4) of Arbitration Act"}
{"issue_text":"Whether the Labour Court correctly interpreted the statutory provisions on representation","issue_type":"law","dispositive":"yes","related_facts":"Labour Court's dismissal of appellant's appeal"}

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background

Facts of the Case

Background

The respondent was employed by the appellant as a watchman and claimed underpayment of salaries and allowances. He was represented by a labour consultant in arbitration proceedings. The appellant challenged the consultant's representation, arguing it was not permitted under the Labour Act. The arbitrator and Labour Court both rejected this challenge.

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