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Harare High Court

Zimbabwe Congress of Trade Unions v Minister of Public Service Labour and Social Welfare and Attorney General of Zimbabwe and ZIMNAT Insurance Company (Pvt) Ltd and Zimbabwe National Road Administration (ZINARA) and TelOne (Pvt) Ltd and Windmill (Pvt) Ltd and Seed Co Zimbabwe and Manicaland State University of Applied Sciences

HH 482-21

Case Details

Court
Harare High Court
Date
14 September 2021
Citation
HH 482-21
Neutral Citation
[2021] ZWHH 482
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Muchawa J
Full Bench
Muchawa J
Areas of Law
Constitutional LawLabour LawAdministrative Law
Keywords
VaccinationEmployment contractsHuman dignityPersonal securityFair conditions of workUrgency
Tags
Constitutional lawLabour lawCOVID-19Urgent application
legislation
Statutes Cited
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Labour Act
  • High Court Rules, 2021
  • High Court Rules, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant's urgent application should be allowed to proceed or whether it should be struck off the roll for lack of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant delayed filing from 21 July to 12 August 2021 without explanation; certificate of urgency silent on delay"}
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background
Facts of the Case

Background

The applicant, a trade union federation, sought an urgent declaration that employers' practices of prohibiting unvaccinated employees from working due to COVID-19 violated constitutional rights to dignity, personal security, and fair work conditions. The respondents raised points in limine, arguing the matter was not urgent as the applicant delayed in filing the application after becoming aware of the issue in July 2021. The court found the applicant failed to justify urgency and struck the matter off the roll.
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