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Labour Court
Shomet Construction (Pvt) Ltd v Claudius Chivaviro
[2013] ZWLC 486
Case Details
Court
Labour Court
Date
11 October 2013
Citation
[2013] ZWLC 486
Judgment No.
LC/H/486/13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L.M. Murasi
Full Bench
L.M. MurasiL. Hove
Areas of Law
Labour lawArbitrationCivil procedure
Keywords
arbitral awarddirty handssection 92ELabour Actupliftment of barpoint in limine
Tags
arbitration appealdirty hands doctrinesection 92E Labour Actupliftment of bar
legislation
Statutes Cited
- Labour Act
- Labour Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellant's failure to apply under section 92E Labour Act constitutes approaching court with \"dirty hands\"","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant failed to make section 92E application"}
- {"issue_text":"Whether arbitral award should be treated as court order for purposes of contempt","issue_type":"law","dispositive":"no","related_facts":"Appellant argued award not equivalent to court order"}
- {"issue_text":"Whether \"dirty hands\" principle applies to arbitral awards","issue_type":"law","dispositive":"no","related_facts":"Appellant submitted principle outlawed by Constitution"}
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background
Facts of the Case
Background
Appellant appealed against an arbitral award favouring respondent. Appellant filed heads of argument out of time but obtained upliftment of bar. Respondent raised point in limine that appellant had not applied under section 92E Labour Act and approached court with "dirty hands".
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