Metal Sales Group (Pvt) Ltd v Rodreck Chiwara

[2014] ZWLC 622

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Case Details

Court

Labour Court

Date

26 September 2014

Citation

[2014] ZWLC 622

Judgment No.

LC/H/622/2014

Outcome

unknown

Case Type

Application

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour lawArbitration

Keywords

stay of executionarbitral awardappealregistration of award

Key Issues

{"issue_text":"Whether an application for stay of execution can be made before registration of the arbitral award","issue_type":"procedural","dispositive":"no","related_facts":"Award not registered at time of application"}
{"issue_text":"Whether the application must comply with Rule 14 prescribed form","issue_type":"procedural","dispositive":"no","related_facts":"Respondent alleged non-compliance with form"}
{"issue_text":"Whether there are prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Misinterpretation of policy clause, calculation of gratuity"}
{"issue_text":"Whether balance of convenience favours granting stay","issue_type":"mixed","dispositive":"yes","related_facts":"Risk of irreparable harm, ability to reimburse"}

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background

Facts of the Case

Background

The applicant sought a stay of execution of an arbitral award issued in favour of the respondent on 20 January 2014. The applicant had noted an appeal against the award on 17 February 2014. The respondent opposed the application on grounds of prematurity and non-compliance with prescribed form.

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