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Labour Court
Aaron Nyarugwe v Dharwizi Transport (Private) Limited
JUDGMENT NO. LC/H/808/16
Case Details
Court
Labour Court
Date
6 October 2016
Citation
JUDGMENT NO. LC/H/808/16
Neutral Citation
[2016] ZWLC 808
Judgment No.
LC/H/808/16
Outcome
unknown
Case Type
Application
Bench
Presiding
E. Muchawa
Full Bench
E. Muchawa
Areas of Law
Labour LawConstitutional Law
Keywords
Section 93(5a)RetrenchmentRetrospectivityConstitutional referral
Tags
Constitutional referralRetrospective legislationLabour Amendment Act
legislation
Statutes Cited
- Labour Amendment Act No. 5 of 2015
- Labour Act [Chapter 28:01]
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the counter application for referral of constitutional issues should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"The respondent's challenge to the constitutionality of sections 18 and 93(5) of the Labour Act"}
- {"issue_text":"Whether section 18 of the Labour Amendment Act violates sections 56(1) and 3(2)(k) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Retrospective application of the Act to terminations on or after 17 July 2015"}
- {"issue_text":"Whether section 93(5) of the Labour Act violates sections 68(1), (2) and 169(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"The procedure turning Labour Officer from adjudicator to litigant"}
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background
Facts of the Case
Background
A Labour Officer confirmed a ruling ordering the respondent to pay $88,418.96 to 49 former employees for retrenchment packages following the Don Nyamande & Anor v Zuva Petroleum judgment. The respondent challenged the constitutionality of the Labour Amendment Act's retrospectivity and the confirmation procedure, seeking referral to the Constitutional Court.
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