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Labour Court
ZIMIND PUBLISHERS (PVT) LTD v ENGELINE NGAMBI & 3 OTHERS
JUDGMENT NO LC/H/403/14
Case Details
Court
Labour Court
Date
20 May 2014
Citation
JUDGMENT NO LC/H/403/14
Neutral Citation
[2014] ZWLC 403
Judgment No.
LC/H/403/14
Outcome
unknown
Case Type
Application
Bench
Presiding
L Hove
Full Bench
L Hove
Areas of Law
Labour LawCivil Procedure
Keywords
AppealPoints of lawPoints of factIrreparable harmBalance of convenience
Tags
Stay of executionArbitral awardQuantification of damages
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established good prospects of success in the main appeal to justify a stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"The main appeal challenges quantification of damages which is a factual issue"}
- {"issue_text":"Whether quantification of damages is appealable as a point of law","issue_type":"law","dispositive":"yes","related_facts":"Section 98 (10) of the Labour Act restricts appeals to questions of law only"}
- {"issue_text":"Whether the applicant has shown that the balance of convenience favours granting the stay","issue_type":"procedural","dispositive":"no","related_facts":"The applicant alleged respondents cannot pay back but provided no evidence"}
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background
Facts of the Case
Background
The appellant sought a stay of execution of an arbitral award concerning the quantification of damages. The court found that quantification of damages is a question of fact, not law, and therefore not ordinarily appealable unless shown to be wholly unreasonable.
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