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Labour Court
City of Harare v Gift Mubaiwa and Erick Jena
[2013] ZWLC 35
Case Details
Court
Labour Court
Date
11 February 2013
Citation
[2013] ZWLC 35
Judgment No.
LC/H/35/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawArbitration
Keywords
arbitral awardappealsuspensioncompliancedirty hands
Tags
arbitral awardappealsuspension of award
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an appeal against an arbitral award suspends the operation of the award during appeal proceedings","issue_type":"legal","dispositive":"yes","related_facts":"Appellant failed to comply with arbitral award during appeal"}
- {"issue_text":"Whether non-compliance with an arbitral award during appeal constitutes approaching court with dirty hands","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's non-compliance with award"}
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background
Facts of the Case
Background
The City of Harare appealed against an arbitral award but failed to comply with the award during the appeal process. The respondents raised a point in limine arguing the appeal was not properly before court due to non-compliance with section 92E(2) of the Labour Act.
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