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Labour Court
Gracious Rutendo Chirenda N.O. v Shelton Chibanda and Four Others & Catering Industry Pension Fund
[2021] ZWLC 21
Case Details
Court
Labour Court
Date
28 January 2022
Citation
[2021] ZWLC 21
Judgment No.
LC/H/21/22
Outcome
unknown
Case Type
Application
Bench
Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawCivil procedure
Keywords
CitationNatural personLegal personaLabour officerDraft ruling
Tags
Labour officerDraft ruling confirmationCitation defect
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984 (PACE)
- Regulation of Investigatory Powers Act 2000 (RIPA)
- Human Rights Act 1998
- Criminal Procedure and Investigations Act 1996
- Criminal Justice Act 1988
- Criminal Justice Act 2003
- Contempt of Court Act 1981
- Official Secrets Act 1989
- Terrorism Act 2000
- Terrorism Act 2006
- Serious Organised Crime and Police Act 2005
- Extradition Act 2003
- Crime (Sentences) Act 1997
- Criminal Appeal Act 1995
- Access to Justice Act 1999
- Youth Justice and Criminal Evidence Act 1999
- Powers of Criminal Courts (Sentencing) Act 2000
- Proceeds of Crime Act 2002
- Sexual Offences Act 2003
- Domestic Violence, Crime and Victims Act 2004
- Constitutional Reform Act 2005
- Courts Act 2003
- Criminal Defence Service Act 2006
- Fraud Act 2006
- Police Act 1996
- Police Reform Act 2002
- Police and Justice Act 2006
- Serious Crime Act 2007
- Violent Crime Reduction Act 2006
- Road Safety Act 2006
- Corporate Manslaughter and Corporate Homicide Act 2007
- Legal Services Act 2007
- Tribunals, Courts and Enforcement Act 2007
- Offender Management Act 2007
- Criminal Justice and Immigration Act 2008
- Counter-Terrorism Act 2008
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the citation of \"Shelton Chibanda and four others\" is fatally defective for failing to identify legal or natural persons","issue_type":"procedural","dispositive":"no","related_facts":"The first respondents are natural persons; four others filed supporting affidavits"}
- {"issue_text":"Whether the Labour Officer violated the right to be heard by not conducting a hearing after issuing certificate of no settlement","issue_type":"procedural","dispositive":"no","related_facts":"Labour Officer made draft ruling after conciliation; no hearing held"}
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background
Facts of the Case
Background
The applicant, a Labour Officer, sought confirmation of a draft ruling under section 93 of the Labour Act. The second respondent raised two preliminary objections: first, that the first respondents were improperly cited as "Shelton Chibanda and four others", and second, that the Labour Officer had violated their right to be heard.
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