Murahwa Hills Primary School v Peter Jhava

[2016] ZWLC 614

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Case Details

Court

Labour Court

Date

28 September 2016

Citation

[2016] ZWLC 614

Judgment No.

LC/H/614/16

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawInterim relief applications

Keywords

Arbitral award suspensionSection 92 E (3) Labour ActAppeal pendingGrade 4 salaries

Tags

Interim reliefArbitral awardSuspension

legislation

Statutes Cited

Criminal Justice Act 1967
Criminal Justice Act 1991
Crime (Sentences) Act 1997
Criminal Justice Act 2003
Criminal Justice and Court Services Act 2000
Human Rights Act 1998
European Convention on Human Rights
Prison Act 1952
Prison Rules 1999 (SI 1999/728)
Parole Board Rules 2004 (SI 2004/585)
Parole Board Rules 2011 (SI 2011/1197)
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Offender Rehabilitation Act 2014
Criminal Justice and Courts Act 2015
Constitutional Reform Act 2005
Senior Courts Act 1981
Supreme Court Act 1981
Access to Justice Act 1999
Tribunals, Courts and Enforcement Act 2007
Civil Procedure Rules 1998
Judicature (Northern Ireland) Act 1978
Northern Ireland Act 1998
Scotland Act 1998
Government of Wales Act 1998
European Communities Act 1972
European Union (Withdrawal) Act 2018
Immigration Act 1971
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Immigration Act 2014
Immigration Act 2016
British Nationality Act 1981
British Overseas Territories Act 2002
British Citizenship (Designated Service) Act 2006
Borders, Citizenship and Immigration Act 2009
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Anti-terrorism, Crime and Security Act 2001
Prevention of Terrorism Act 2005
Terrorism Act 2000
Terrorism Act 2006
Counter-Terrorism Act 2008
Terrorism Prevention and Investigation Measures Act 2011
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Regulation of Investigatory Powers Act 2000
Data Protection Act 1998
Data Protection Act 2018
Freedom of Information Act 2000
Environmental Information Regulations 2004
Public Records Act 1958
Public Records Act 1967
Freedom of Information (Scotland) Act 2002
Environmental Information (Scotland) Regulations 2004
Official Secrets Act 1989
Security Service Act 1989
Intelligence Services Act 1994
Justice and Security Act 2013
Inquiries Act 2005
Inquiries (Scotland) Act 2005
Inquiries Act 2013
Coroners and Justice Act 2009
Legal Services Act 2007
Courts and Legal Services Act 1990
Arbitration Act 1996
Mediation Act 2013
Civil Partnership Act 2004
Marriage (Same Sex Couples) Act 2013
Gender Recognition Act 2004
Equality Act 2010
Disability Discrimination Act 1995
Race Relations Act 1976
Sex Discrimination Act 1975
Equal Pay Act 1970
Human Rights Act 1998 (Amendment) Order 2001
Human Rights Act 1998 (Amendment) Order 2004
Human Rights Act 1998 (Amendment) Order 2005
Human Rights Act 1998 (Amendment) Order 2007
Human Rights Act 1998 (Amendment) Order 2009
Human Rights Act 1998 (Amendment) Order 2011
Human Rights Act 1998 (Amendment) Order 2013
Human Rights Act 1998 (Amendment) Order 2015
Human Rights Act 1998 (Amendment) Order 2017
Human Rights Act 1998 (Amendment) Order 2019
Human Rights Act 1998 (Amendment) Order 2021
Human Rights Act 1998 (Amendment) Order 2023
Constitutional Reform and Governance Act 2010
Fixed-term Parliaments Act 2011
Parliamentary Voting System and Constituencies Act 2011
Electoral Registration and Administration Act 2013
Recall of MPs Act 2015
Parliamentary Constituencies Act 1986
Representation of the People Act 1983
Representation of the People Act 1985
Representation of the People Act 2000
Political Parties, Elections and Referendums Act 2000
Local Government Act 1972
Local Government Act 1985
Local Government Act 1988
Local Government Act 1992
Local Government Act 1999
Local Government Act 2000
Local Government Act 2003
Local Government and Public Involvement in Health Act 2007
Local Democracy, Economic Development and Construction Act 2009
Localism Act 2011
Local Government (Wales) Act 1994
Local Government (Scotland) Act 1973
Local Government etc. (Scotland) Act 1994
Local Government Act (Northern Ireland) 1972
Local Government (Northern Ireland) Act 1992
Local Government (Northern Ireland) Act 1998
Local Government (Northern Ireland) Act 2000
Local Government (Northern Ireland) Act 2002
Local Government (Northern Ireland) Act 2005
Local Government (Northern Ireland) Act 2008
Local Government (Northern Ireland) Act 2010
Local Government (Northern Ireland) Act 2011
Local Government (Northern Ireland) Act 2013
Local Government (Northern Ireland) Act 2014
Local Government (Northern Ireland) Act 2016
Local Government (Northern Ireland) Act 2018
Local Government (Northern Ireland) Act 2020
Local Government (Northern Ireland) Act 2022
Local Government (Northern Ireland) Act 2024
Local Government (Northern Ireland) Order 1972
Local Government (Northern Ireland) Order 1985
Local Government (Northern Ireland) Order 1992
Local Government (Northern Ireland) Order 1998
Local Government (Northern Ireland) Order 2000
Local Government (Northern Ireland) Order 2002
Local Government (Northern Ireland) Order 2005
Local Government (Northern Ireland) Order 2008
Local Government (Northern Ireland) Order 2010
Local Government (Northern Ireland) Order 2011
Local Government (Northern Ireland) Order 2013
Local Government (Northern Ireland) Order 2014
Local Government (Northern Ireland) Order 2016
Local Government (Northern Ireland) Order 2018
Local Government (Northern Ireland) Order 2020
Local Government (Northern Ireland) Order 2022
Local Government (Northern Ireland) Order 2024

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether applicant has established a reasonably arguable case with prospects of success to warrant interim relief","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's grounds of appeal regarding constitutional challenge, res judicata, and inconsistency in award"}

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background

Facts of the Case

Background

The applicant school obtained an arbitral award on 30 April 2016 ordering it to pay the respondent grade 4 salaries. The applicant appealed this award and simultaneously applied for interim relief to suspend the award pending the appeal. The court found the applicant had a reasonably arguable case with prospects of success and granted the interim relief.

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