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Labour Court
Farai Karikoga v UBM P & L (PVT) LTD
[2016] ZWLC 444
Case Details
Court
Labour Court
Date
22 July 2016
Citation
[2016] ZWLC 444
Judgment No.
LC/H/444/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Labour LawArbitration
Keywords
arbitrator jurisdictionlis pendenssection 124 Labour Actreview proceedingsstay of proceedings
Tags
arbitrationjurisdictionlis pendensreview
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether arbitrator was wrong to decline jurisdiction on basis that filing of review application automatically stayed arbitration proceedings without court order","issue_type":"procedural","dispositive":"yes","related_facts":"Review application pending, no stay order issued"}
- {"issue_text":"Whether arbitrator's reference to section 124(1) of Labour Act was applicable","issue_type":"law","dispositive":"no","related_facts":"Arbitrator cited section 124(1) in declining jurisdiction"}
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background
Facts of the Case
Background
The appellant employee was dismissed following disciplinary proceedings and referred the matter to arbitration. The respondent employer applied for review of the referral to compulsory arbitration. When the arbitrator heard the matter, the respondent raised a preliminary objection that the matter was lis pendens in the Labour Court, leading the arbitrator to decline jurisdiction.
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