National Bakeries v Honourable Arbitrator G. Fereshi and Bonface Madzvatsvu

HH 452-13

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Case Details

Court

Harare High Court

Date

4 December 2013

Citation

HH 452-13

Neutral Citation

[2013] ZWHH 452

Outcome

unknown

Case Type

Application

Bench

Presiding

Ndewere J

Areas of Law

Labour LawArbitration

Keywords

arbitral awardquantification of damagesLabour Actdeclaratory orderjurisdiction

Key Issues

{"issue_text":"Whether the applicant approached the court with clean hands given non-compliance with the arbitral award","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to comply with award and did not apply for stay of execution under s 92E(3)"}
{"issue_text":"Whether the High Court has jurisdiction to entertain an application to declare an arbitral award void for failure to quantify damages","issue_type":"procedural","dispositive":"yes","related_facts":"Application seeks review of arbitrator's award dressed as declaratory order"}

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background

Facts of the Case

Background

The applicant employer sought a declaratory order from the High Court declaring an arbitral award that reinstated the second respondent employee as incompetent and void for failing to quantify damages as an alternative to reinstatement. The second respondent had been dismissed on 19 July 2011 after a disciplinary hearing, appealed to an arbitrator who reinstated him on 9 November 2012, and the employer had appealed to the Labour Court but not applied for stay of execution.

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