T. Munyanyi N.O. v Tarcon (Pvt) Ltd & Anor

Key Issues

• {"issue_text":"Whether the applicant sued an incorrect legal persona","issue_type":"procedural","dispositive":"no","related_facts":"Employment contract produced shows Tarcon (Pvt) Ltd"}
• {"issue_text":"Whether the court has jurisdiction over the matter","issue_type":"procedural","dispositive":"no","related_facts":"Employer claims employee employed by Mozambican company"}
• {"issue_text":"Whether the labour officer had jurisdiction to entertain the matter","issue_type":"procedural","dispositive":"no","related_facts":"Employer claims employee falls under NEC Construction Industry CBA"}
• {"issue_text":"Whether the applicant has capacity to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant cited in personal capacity instead of official capacity"}
• {"issue_text":"Whether the audi alteram partem rule was breached","issue_type":"procedural","dispositive":"yes","related_facts":"Employer failed to file submissions despite agreement and reminder"}

Background