Emmanuel Chikuya v Jacob Bethel Corporation

[2016] ZWLC 447

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Case Details

Court

Labour Court

Date

22 July 2016

Citation

[2016] ZWLC 447

Judgment No.

LC/H/447/16

Outcome

unknown

Case Type

Application

Bench

Presiding

B T Chivizhe

Full Bench

B T Chivizhe

Areas of Law

Labour lawRescission applicationsArbitration awards

Keywords

rescissionjudgment in errorLabour Courtbonusarbitration

Key Issues

{"issue_text":"Whether the application for rescission of judgment meets requirements of section 92C of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties requested judgment; court aware of prior judgment; no party absent"}
{"issue_text":"Whether the judgment was granted in error or conflicted with earlier judgment","issue_type":"mixed","dispositive":"no","related_facts":"Muchawa J had quantified bonus; impugned judgment delivered later"}

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background

Facts of the Case

Background

The applicant, formerly employed as Sales and Marketing Manager, sought rescission of a Labour Court judgment delivered on 18 September 2015, arguing it was granted in error and conflicted with an earlier judgment by Muchawa J quantifying his 30% bonus entitlement. Both parties had requested the court to hand down the rescinded judgment despite awareness of the earlier quantification judgment.

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