Zimbabwe Urban Council Workers Union v Municipality of Redcliff

HB 202/20

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Case Details

Court

Bulawayo High Court

Date

1 October 2020

Citation

HB 202/20

Neutral Citation

[2020] ZWHB 202

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Moyo J

Full Bench

Moyo J

Areas of Law

Labour LawCivil Procedure

Keywords

authority to suetrade union constitutionarbitral awardpoint in limine

Key Issues

{"issue_text":"Whether the applicant had authority to institute proceedings on behalf of the union","issue_type":"procedural","dispositive":"yes","related_facts":"The founding affidavit was sworn to by Mr Mandaza without establishing his authority; the union's constitution was not attached"}
{"issue_text":"Whether the application should be struck off the roll for lack of authority","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent raised a point in limine challenging authority; applicant did not address this in an answering affidavit"}

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Facts of the Case

Background

The applicant union sought registration of an arbitral award in its favor against the respondent municipality. The respondent raised a preliminary objection challenging the union's authority to sue, arguing that the union's constitution was not attached and the deponent had not established his authority to act on behalf of the union.

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