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Harare High Court
National Airways Workers' Union and Air Transport Union v The Minister of Transport, Communication and Infrastructure Development N.O and 4 Others
HH 192-12
Case Details
Court
Harare High Court
Date
5 April 2012
Citation
HH 192-12
Neutral Citation
[2012] ZWHH 192
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Company LawLabour LawCivil Procedure
Keywords
provisional judicial managementinterdicturgencyasset transferunion dues
Tags
urgent applicationinterdictjudicial managementasset stripping
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent given that respondents' actions are deemed lawful","issue_type":"procedural","dispositive":"no","related_facts":"Letter discovered 2 April 2012, application filed 4 April 2012"}
- {"issue_text":"Whether the requirements for an interim interdict are satisfied","issue_type":"mixed","dispositive":"yes","related_facts":"US$35 million debt claim, 5th respondent only profitable subsidiary, pending HC 661/12"}
- {"issue_text":"Whether s 16 of the Labour Act protects employees' rights on transfer of undertaking","issue_type":"legal","dispositive":"no","related_facts":"Letter silent on workers' fate"}
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background
Facts of the Case
Background
The applicants, two trade unions representing Air Zimbabwe employees, sought an urgent interdict to prevent the transfer of Air Zimbabwe Holdings' shares in its only profitable subsidiary (5th respondent) to a government-owned company. This transfer was perceived as asset stripping that would render nugatory their pending application (HC 661/12) to place Air Zimbabwe Holdings and Air Zimbabwe (Pvt) Ltd under provisional judicial management to recover approximately US$35 million in unpaid union dues and salary arrears.
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