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Labour Court
Beach Consultancy (Pvt) Ltd t/a Aviation Ground Service v Obert Makonya
[2020] ZWLC 176
Case Details
Court
Labour Court
Date
31 July 2020
Citation
[2020] ZWLC 176
Judgment No.
LC/H/176/2020
Outcome
unknown
Case Type
Application
Bench
Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawCivil procedure
Keywords
rescission of consent ordercompany representationboard resolutionLabour Court jurisdiction
Tags
rescissionconsent ordercompany resolutionjurisdiction
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the Labour Court have jurisdiction to rescind a consent order arising from an out-of-court settlement?","issue_type":"procedural","dispositive":"no","related_facts":"Consent order granted under LC/H/ORD/574/2019 from Deed of Settlement"}
- {"issue_text":"Is a company resolution required to authorise a deponent to represent a company in legal proceedings?","issue_type":"procedural","dispositive":"yes","related_facts":"Mr Mudyawabika deposed to affidavit as Managing Director without board resolution"}
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background
Facts of the Case
Background
The applicant company sought rescission of a consent order granted on 17 July 2019. The respondent raised four points in limine, including that the Labour Court lacks jurisdiction to rescind consent orders and that the deponent lacked authority to represent the company. The court upheld the fourth point regarding lack of authorisation.
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