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Supreme Court
Clothing Industry Pension Fund v Mercy Dare N.O. (2) Ivyn Gabriel Mbatha
SC 47/24
Case Details
Court
Supreme Court
Date
31 May 2024
Citation
SC 47/24
Neutral Citation
[2024] ZWSC 47
Outcome
unknown
Case Type
Appeal
Bench
Presiding
BHUNU JA
Full Bench
BHUNU JAKUDYA JAMUSAKWA JA
Areas of Law
Labour lawEmployment benefitsPrescription
Keywords
unfair labour practicearbitral awardprescriptioncontractual benefitscompany carfuel allowance
Tags
pension fundcontractual benefitsprescriptionarbitration award
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent's claim for company car and fuel allowance had prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant accepted award in 2009, reneged later, raised prescription defence"}
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background
Facts of the Case
Background
The second respondent, employed since 1982, complained of unfair labour practices including withdrawal of contractual benefits. An arbitrator ruled in his favour in 2009, ordering reinstatement of benefits including a company car and fuel allowance. The appellant accepted the award but later reneged on providing the car and fuel. When the respondent complained again, the appellant raised prescription as a defence.
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