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Harare High Court
Crempton Trading (Pvt) Ltd t/a Darolyn Winders and Contractors v Edwin Matekenya
HH 332-12
Case Details
Court
Harare High Court
Date
30 August 2012
Citation
HH 332-12
Neutral Citation
[2012] ZWHH 332
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Company LawLabour Law
Keywords
winding upprovisional liquidationworks council consultationplant closure
Tags
company winding upliquidationlabour consultation
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Companies Act
- Companies Act
- Companies Act
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does section 25A(5)(c) of the Labour Act require consultation of works council before applying for court-ordered winding up?","issue_type":"procedural","dispositive":"yes","related_facts":"Works council not consulted; winding up by court petition"}
- {"issue_text":"When does the implementation stage commence for purposes of consultation requirements?","issue_type":"procedural","dispositive":"yes","related_facts":"Special resolution passed; petition filed"}
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background
Facts of the Case
Background
Crempton Trading (Pvt) Ltd applied for a provisional winding up order on grounds of insolvency. The company passed a special resolution on 19 May 2011 to be wound up by court. Edwin Matekenya, the respondent and company chairperson, opposed the application arguing the works council was not consulted as required by labour law.
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