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Harare High Court
Richard Matthews v Caster International (Private) Ltd
HH 497-17
Case Details
Court
Harare High Court
Date
26 July 2017
Citation
HH 497-17
Neutral Citation
[2017] ZWHH 497
Outcome
unknown
Case Type
Application
Bench
Presiding
Chatukuta J
Full Bench
Chatukuta J
Areas of Law
Labour lawArbitration
Keywords
arbitral awardregistrationquantificationcash-in-lieu of leavefunctus officio
Tags
arbitration award registrationquantification of awardlabour arbitration
legislation
Statutes Cited
- Labour Court Act
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the amended arbitral award is registrable under s 98(14) of the Labour Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"Amendment made 3 years after award without respondent consent"}
- {"issue_text":"Whether the arbitrator was functus officio and lacked jurisdiction to amend the award","issue_type":"law","dispositive":"no","related_facts":"Article 33 Model Law 30-day limit"}
- {"issue_text":"Whether the claim for cash-in-lieu of leave had prescribed","issue_type":"law","dispositive":"no","related_facts":"Award issued 2012, quantified 2015"}
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background
Facts of the Case
Background
The applicant, an ex-employee, obtained an arbitral award on 28 June 2012 for salary and severance pay but cash-in-lieu of leave was unquantified. After the 2012 registration application was dismissed, the arbitrator quantified the leave pay on 13 October 2015. The applicant now seeks registration of the amended award.
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