Desmond Chakuvinga & 2 Ors v Roger Moore (Private) Limited

[2014] ZWLC 707

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Case Details

Court

Labour Court

Date

24 October 2014

Citation

[2014] ZWLC 707

Judgment No.

LC/H/707/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Labour lawRetrenchment

Keywords

retrenchmentarbitral awardministerial determinationbinding effect

Key Issues

{"issue_text":"Whether the arbitral award effectively setting aside the Minister's determination was valid","issue_type":"law","dispositive":"yes","related_facts":"Minister's determination remained valid as respondent's appeal was struck off"}
{"issue_text":"Whether the arbitrator had power to review or vary the Minister's determination","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator substituted Minister's determination with prior agreement"}
{"issue_text":"Whether appellants were entitled to retrenchment package under Minister's determination","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants sought quantification pursuant to Minister's determination"}

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background

Facts of the Case

Background

Three employees appealed against an arbitral award that denied them retrenchment packages under a Ministerial determination, instead awarding packages based on a prior agreement with their employer. The arbitrator had effectively set aside the Minister's determination which remained valid as the employer's appeal against it had been struck off the roll.

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