{"issue_text":"Whether the application for confirmation of the labour officer's ruling should be held in abeyance pending determination of the constitutional challenge to section 18 of the Labour Amendment Act","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent has filed HC 6986/16 challenging constitutionality of section 18"}
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background
Facts of the Case
Background
A labour officer (the applicant) ruled that Evans Mangwanya, a former employee of Alpha Media Holdings, was entitled to a retrenchment package of US$1,398.80 under section 12(c) of the Labour Act. The respondent opposed confirmation of this ruling, arguing that section 18 of the Labour Amendment Act 2015 (which provides the basis for the retrenchment claim) is unconstitutional and has challenged it in the High Court.
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