Radiator and Tinning (Pvt) Ltd v Radiator and Tinning (Pvt) Ltd Workers Committee and Walter Dube and Litos Chikwanda and Bornface Mambo and Sena Sena and Ignatious Gwemba and Cletlo Ndlovu

HH 278-10

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Case Details

Court

Harare High Court

Date

19 January 2011

Citation

HH 278-10

Neutral Citation

[2010] ZWHH 278

Outcome

unknown

Case Type

Application

Bench

Presiding

Mtshiya J

Full Bench

Mtshiya J

Areas of Law

Company lawLabour law

Keywords

Voluntary liquidationMembers voluntary liquidationWorkers committeeConsultation requirements

Key Issues

{"issue_text":"Whether the applicant properly followed voluntary winding up procedures or erred by seeking court-ordered liquidation","issue_type":"procedural","dispositive":"yes","related_facts":"Special resolution for Members Voluntary Liquidation; company sought section 207 court order"}
{"issue_text":"Whether workers should have been consulted before voluntary winding up","issue_type":"procedural","dispositive":"no","related_facts":"Company has 102 employees; no consultation occurred"}

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background

Facts of the Case

Background

The applicant company passed a special resolution for members' voluntary liquidation on 22 February 2010 and sought a court order to confirm provisional liquidation granted on 24 March 2010. The respondents, representing 102 employees, opposed the application arguing the company failed to consult workers as required by law for voluntary winding up.

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