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Labour Court
City of Harare v Thomford Thom & 5 Ors
[2016] ZWLC 55
Case Details
Court
Labour Court
Date
5 February 2016
Citation
[2016] ZWLC 55
Judgment No.
LC/H/55/2016
Outcome
unknown
Case Type
Application
Bench
Presiding
P Muzofa J
Full Bench
P Muzofa J
Areas of Law
Labour lawEmployment disputes
Keywords
transfercollective bargaining agreementstay of executionarbitral awarddismissal
Tags
stay of executionarbitral awardtransfer dispute
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has prospects of success on appeal against arbitral award","issue_type":"mixed","dispositive":"yes","related_facts":"Transfer procedure followed, compliance with Collective Bargaining Agreement"}
- {"issue_text":"Whether applicant would suffer irreparable harm if stay not granted","issue_type":"law","dispositive":"no","related_facts":"Quantified award pending registration, respondents' employment status"}
- {"issue_text":"Whether balance of convenience favours granting stay","issue_type":"law","dispositive":"no","related_facts":"Need to argue matter on merits"}
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background
Facts of the Case
Background
The City of Harare dismissed six employees for refusing to report to new workstations after transfer. The employees challenged their dismissal, arguing the transfers violated the Collective Bargaining Agreement. An arbitrator upheld their claim. The City applied for stay of execution pending appeal.
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