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Supreme Court
Econet Wireless (Private) Limited v Regina Tendayi
SC 32/20
Case Details
Court
Supreme Court
Date
2020
Citation
SC 32/20
Neutral Citation
[2020] ZWSC 32
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gowora JA
Full Bench
Gowora JAHlatshwayo JAGuvava JA
Areas of Law
Labour LawArbitration Law
Keywords
constructive dismissalarbitrator jurisdictionregistration of arbitral awardrecusal
Tags
constructive dismissalarbitrationregistration of award
legislation
Statutes Cited
- Labour Act
- Arbitration Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator had jurisdiction to proceed with quantification during pending appeal","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's appeal pending, interim relief sought"}
- {"issue_text":"Whether informal request for arbitrator recusal was sufficient","issue_type":"procedural","dispositive":"no","related_facts":"Appellant wrote letters requesting recusal"}
- {"issue_text":"Whether the arbitral award was null and void and unregistrable","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator refused to recuse himself, proceeded with quantification"}
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background
Facts of the Case
Background
The respondent was constructively dismissed by the appellant and obtained an arbitral award. When she sought quantification of damages, the appellant objected and requested the arbitrator to recuse himself and stay proceedings pending appeal. The arbitrator proceeded and quantified damages. The High Court registered the award. The appellant appealed.
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