Zimbabwe Broadcasting Corporation (Pvt) Ltd v Irvine Mhlanga

SC 58/21

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Case Details

Court

Supreme Court

Date

24 May 2021

Citation

SC 58/21

Neutral Citation

[2021] ZWSC 58

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHITAKUNYE AJA

Full Bench

BHUNU JAMATHONSI JACHITAKUNYE AJA

Areas of Law

Labour LawCivil Procedure

Keywords

waiver of rightssuspension of awardenforcement of arbitral awardback pay

Key Issues

{"issue_text":"Whether the Labour Court erred in finding that the respondent did not waive his rights to the arbitral award","issue_type":"fact","dispositive":"yes","related_facts":"The respondent's letter of 12 September 2016 stating suspension of part of the award; the appellant's interpretation of this as waiver"}

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background

Facts of the Case

Background

The respondent was dismissed from employment in 2015 and subsequently reinstated by an arbitral award in 2016. The appellant failed to fully comply with the reinstatement order, leading the respondent to seek quantification of the award. The appellant argued that the respondent had waived his rights to the award by suspending its enforcement, but the courts found no evidence of waiver.

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