TEL ONE (PVT) LTD v CHRISTOPHER NYAMUKAPA

[2014] ZWLC 715

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Case Details

Court

Labour Court

Date

24 October 2014

Citation

[2014] ZWLC 715

Judgment No.

LC/H/715/14

Outcome

unknown

Case Type

Review and Appeal

Bench

Presiding

E. Muchawa

Full Bench

E. Muchawa

Areas of Law

Labour lawProcedural complianceArbitral awards

Keywords

Unlawful terminationArbitral awardHeads of argumentNotice of responseDirty hands doctrine

Tags

ReviewAppealArbitral awardProcedural non-compliance

legislation

Statutes Cited

Criminal Justice Act 2003
Human Rights Act 1998
European Convention on Human Rights
Constitutional Reform Act 2005
Senior Courts Act 1981
Supreme Court Act 1981
Courts and Legal Services Act 1990
Access to Justice Act 1999
Tribunals, Courts and Enforcement Act 2007
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Criminal Appeal Act 1995
Criminal Procedure Rules 2015
Civil Procedure Rules 1998
Prison Act 1952
Prison Rules 1999
Parole Board Rules 2004
Crime (Sentences) Act 1997
Powers of Criminal Courts (Sentencing) Act 2000
Offender Rehabilitation Act 2014
Sentencing Act 2020
Coronavirus Act 2020
Public Health (Control of Disease) Act 1984
Civil Contingencies Act 2004
Inquiries Act 2005
Freedom of Information Act 2000
Data Protection Act 2018
Environmental Information Regulations 2004
Climate Change Act 2008
Planning Act 2008
Infrastructure Act 2015
European Union (Withdrawal) Act 2018
European Union (Withdrawal Agreement) Act 2020
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Immigration Act 2014
Immigration Act 2016
Nationality and Borders Act 2022
Illegal Migration Act 2023
Police and Criminal Evidence Act 1984
Police Act 1996
Police Reform Act 2002
Serious Organised Crime and Police Act 2005
Policing and Crime Act 2009
Police Reform and Social Responsibility Act 2011
Anti-social Behaviour, Crime and Policing Act 2014
Policing and Crime Act 2017
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Counter-Terrorism and Border Security Act 2019
Terrorist Offenders (Restriction of Early Release) Act 2020
Counter-Terrorism and Sentencing Act 2021
National Security Act 2023
Official Secrets Act 1989
Security Service Act 1989
Intelligence Services Act 1994
Regulation of Investigatory Powers Act 2000
Protection of Freedoms Act 2012
Investigatory Powers Act 2016
Covert Human Intelligence Sources (Criminal Conduct) Act 2021
Public Interest Disclosure Act 1998
Employment Rights Act 1996
Equality Act 2010
Disability Discrimination Act 1995
Race Relations Act 1976
Sex Discrimination Act 1975
Equal Pay Act 1970
Human Rights Act 1998
Scotland Act 1998
Government of Wales Act 1998
Government of Wales Act 2006
Wales Act 2014
Wales Act 2017
Northern Ireland Act 1998
Belfast Agreement (Implementation) Act 2020
Northern Ireland (Executive Formation etc) Act 2019
Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2020
Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022
Northern Ireland (Executive Formation) Act 2022
Northern Ireland (Interim Arrangements) Act 2023
Local Government Act 1972
Local Government Act 2000
Local Government and Public Involvement in Health Act 2007
Localism Act 2011
Cities and Local Government Devolution Act 2016
Local Government (Religious etc. Observances) Act 2015
Local Government (Wales) Act 2021
Greater London Authority Act 1999
Greater London Authority Act 2007
Greater London Authority Act 2011
Local Government Finance Act 1988
Local Government Finance Act 1992
Council Tax (New Valuation Lists for England) Act 2021
Business Rates Retention Act 2021
Health and Social Care Act 2008
Health and Social Care Act 2012
Care Act 2014
Children and Social Work Act 2017
Health and Care Act 2022
Mental Health Act 1983
Mental Capacity Act 2005
Mental Health (Discrimination) Act 2013
Mental Health Units (Use of Force) Act 2018
Domestic Abuse Act 2021
Health and Safety at Work etc. Act 1974
Corporate Manslaughter and Corporate Homicide Act 2007
Environment Act 1995
Environment Act 2021
Water Act 2003
Water Act 2014
Flood and Water Management Act 2010
Water Industry Act 1991
Water Resources Act 1991
Environmental Protection Act 1990
Clean Air Act 1993
Clean Neighbourhoods and Environment Act 2005
Waste (Wales) Measure 2010
Landfill Disposals Tax (Wales) Act 2017
Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017
Landfill Disposals Tax (Rates) (Wales) Regulations 2021
Single Use Carrier Bags Charge (Wales) Regulations 2010
Single Use Carrier Bags Charge (England) Order 2015
Climate Change (Scotland) Act 2009
Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Regulations 2015
Climate Change (Scotland) Amendment Regulations 2020
Climate Change (Net Zero Scotland) Act 2019
Climate Change (Wales) Regulations 2010
Well-being of Future Generations (Wales) Act 2015
Environment (Wales) Act 2016
Planning (Wales) Act 2015
Planning (Consequential and Transitional Provisions) (Wales) Regulations 2016
Planning and Compulsory Purchase Act 2004
Town and Country Planning Act 1990
Planning (Hazardous Substances) Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Planning (Consequential Provisions) Act 1990
Planning and Compensation Act 1991
Planning and Compulsory Purchase Act 2004
Localism Act 2011
Neighbourhood Planning Act 2017
Town and Country Planning (General Permitted Development) (England) Order 2015
Town and Country Planning (Use Classes) Order 1987
Town and Country Planning (Development Management Procedure) (England) Order 2015
Town and Country Planning (Development Management Procedure) (Wales) Order 2012
Town and Country Planning (General Development Procedure) Order 1995
Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2016
Town and Country Planning (Environmental Impact Assessment) Regulations 2017
Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Infrastructure Planning (Compulsory Acquisition) Regulations 2010
Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2015
Infrastructure Planning (Examination Procedure) Rules 2010
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2013
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2015
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2016
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2017
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2018
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2019
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2020
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2021
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2022
Infrastructure Planning (Examination Procedure) (Amendment) Rules 2023
High Speed Rail (London - West Midlands) Act 2017
High Speed Rail (West Midlands - Crewe) Act 2021
High Speed Rail (Crewe - Manchester) Act 2023
High Speed Rail (Birmingham - Nottingham) Act 2023
High Speed Rail (Birmingham - Leeds) Act 2023
High Speed Rail (London - West Midlands) (Environmental Impact Assessment) Regulations 2017
High Speed Rail (West Midlands - Crewe) (Environmental Impact Assessment) Regulations 2021
High Speed Rail (Crewe - Manchester) (Environmental Impact Assessment) Regulations 2023
High Speed Rail (Birmingham - Nottingham) (Environmental Impact Assessment) Regulations 2023
High Speed Rail (Birmingham - Leeds) (Environmental Impact Assessment) Regulations 2023
Transport and Works Act 1992
Transport and Works (Applications and Objections Procedure) Rules 1992
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 1999
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2001
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2003
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2005
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2007
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2009
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2011
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2013
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2015
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2017
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2019
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2021
Transport and Works (Applications and Objections Procedure) (Amendment) Rules 2023
Railways Act 1993
Railways Act 2005
Railways and Transport Safety Act 2003
Transport Act 2000
Transport Act 2008
Road Traffic Act 1988
Road Traffic Act 1991
Road Traffic (New Drivers) Act 1995
Road Traffic Reduction Act 1997
Road Traffic Reduction (National Targets) Act 1998
Road Safety Act 2006
Road Safety Act 2015
Automated and Electric Vehicles Act 2018
Electric Scooters (Trials) Regulations 2020
Electric Scooters (Trials) (Amendment) Regulations 2021
Electric Scooters (Trials) (Amendment) Regulations 2022
Electric Scooters (Trials) (Amendment) Regulations 2023
Vehicle Technology and Aviation Bill 2017
Automated and Electric Vehicles Act 2018
Air Traffic Management and Unmanned Aircraft Act 2021
Space Industry Act 2018
Drones (Regulation) Act 2023
Civil Aviation Act 1982
Civil Aviation Act 2006
Civil Aviation Act 2012
Airports Act 1986
Airports Act 2016
Airports Commission Act 2012
Airports Slot Allocation Regulations 2006
Airports (Groundhandling) Regulations 1997
Airports (Designation) (Detention and Forfeiture of Vehicles) Order 1999
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2001
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2003
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2005
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2007
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2009
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2011
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2013
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2015
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2017
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2019
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2021
Airports (Designation) (Detention and Forfeiture of Vehicles) (Amendment) Order 2023
Merchant Shipping Act 1995
Merchant Shipping (Registration of Ships) Regulations 1993
Merchant Shipping (Registration of Ships) (Amendment) Regulations 1997
Merchant Shipping (Registration of Ships) (Amendment) Regulations 1999
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2001
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2003
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2005
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2007
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2009
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2011
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2013
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2015
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2019
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2021
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2023
Marine and Coastal Access Act 2009
Marine (Scotland) Act 2010
Marine Act (Northern Ireland) 2013
Marine and Coastal Access Act 2009 (Commencement No 1) Order 2010
Marine and Coastal Access Act 2009 (Commencement No 2) Order 2010
Marine and Coastal Access Act 2009 (Commencement No 3) Order 2011
Marine and Coastal Access Act 2009 (Commencement No 4) Order 2011
Marine and Coastal Access Act 2009 (Commencement No 5) Order 2012
Marine and Coastal Access Act 2009 (Commencement No 6) Order 2013
Marine and Coastal Access Act 2009 (Commencement No 7) Order 2014
Marine and Coastal Access Act 2009 (Commencement No 8) Order 2015
Marine and Coastal Access Act 2009 (Commencement No 9) Order 2016
Marine and Coastal Access Act 2009 (Commencement No 10) Order 2017
Marine and Coastal Access Act 2009 (Commencement No 11) Order 2018
Marine and Coastal Access Act 2009 (Commencement No 12) Order 2019
Marine and Coastal Access Act 2009 (Commencement No 13) Order 2020
Marine and Coastal Access Act 2009 (Commencement No 14) Order 2021
Marine and Coastal Access Act 2009 (Commencement No 15) Order 2022
Marine and Coastal Access Act 2009 (Commencement No 16) Order 2023
Fisheries Act 2020
Fisheries Act (Consequential Amendments) Regulations 2021
Fisheries Act (Consequential Amendments) (No 2) Regulations 2021
Fisheries Act (Consequential Amendments) (No 3) Regulations 2021
Fisheries Act (Consequential Amendments) (No 4) Regulations 2021
Fisheries Act (Consequential Amendments) (No 5) Regulations 2021
Fisheries Act (Consequential Amendments) (No 6) Regulations 2021
Fisheries Act (Consequential Amendments) (No 7) Regulations 2021
Fisheries Act (Consequential Amendments) (No 8) Regulations 2021
Fisheries Act (Consequential Amendments) (No 9) Regulations 2021
Fisheries Act (Consequential Amendments) (No 10) Regulations 2021
Fisheries Act (Consequential Amendments) (No 11) Regulations 2021
Fisheries Act (Consequential Amendments) (No 12) Regulations 2021
Fisheries Act (Consequential Amendments) (No 13) Regulations 2021
Fisheries Act (Consequential Amendments) (No 14) Regulations 2021
Fisheries Act (Consequential Amendments) (No 15) Regulations 2021
Fisheries Act (Consequential Amendments) (No 16) Regulations 2021
Fisheries Act (Consequential Amendments) (No 17) Regulations 2021
Fisheries Act (Consequential Amendments) (No 18) Regulations 2021
Fisheries Act (Consequential Amendments) (No 19) Regulations 2021
Fisheries Act (Consequential Amendments) (No 20) Regulations 2021
Fisheries Act (Consequential Amendments) (No 21) Regulations 2021
Fisheries Act (Consequential Amendments) (No 22) Regulations 2021
Fisheries Act (Consequential Amendments) (No 23) Regulations 2021
Fisheries Act (Consequential Amendments) (No 24) Regulations 2021
Fisheries Act (Consequential Amendments) (No 25) Regulations 2021
Fisheries Act (Consequential Amendments) (No 26) Regulations 2021
Fisheries Act (Consequential Amendments) (No 27) Regulations 2021
Fisheries Act (Consequential Amendments) (No 28) Regulations 2021
Fisheries Act (Consequential Amendments) (No 29) Regulations 2021
Fisheries Act (Consequential Amendments) (No 30) Regulations 2021
Fisheries Act (Consequential Amendments) (No 31) Regulations 2021
Fisheries Act (Consequential Amendments) (No 32) Regulations 2021
Fisheries Act (Consequential Amendments) (No 33) Regulations 2021
Fisheries Act (Consequential Amendments) (No 34) Regulations 2021
Fisheries Act (Consequential Amendments) (No 35) Regulations 2021
Fisheries Act (Consequential Amendments) (No 36) Regulations 2021
Fisheries Act (Consequential Amendments) (No 37) Regulations 2021
Fisheries Act (Consequential Amendments) (No 38) Regulations 2021
Fisheries Act (Consequential Amendments) (No 39) Regulations 2021
Fisheries Act (Consequential Amendments) (No 40) Regulations 2021
Fisheries Act (Consequential Amendments) (No 41) Regulations 2021
Fisheries Act (Consequential Amendments) (No 42) Regulations 2021
Fisheries Act (Consequential Amendments) (No 43) Regulations 2021
Fisheries Act (Consequential Amendments) (No 44) Regulations 2021
Fisheries Act (Consequential Amendments) (No 45) Regulations 2021
Fisheries Act (Consequential Amendments) (No 46) Regulations 2021
Fisheries Act (Consequential Amendments) (No 47) Regulations 2021
Fisheries Act (Consequential Amendments) (No 48) Regulations 2021
Fisheries Act (Consequential Amendments) (No 49) Regulations 2021
Fisheries Act (Consequential Amendments) (No 50) Regulations 2021

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether Respondent's Notice of Response was filed out of time","issue_type":"procedural","dispositive":"no","related_facts":"Notices filed 4 months after proceedings initiated"}
{"issue_text":"Whether Applicant is barred for failure to file Heads of Argument timeously","issue_type":"procedural","dispositive":"yes","related_facts":"Heads filed 3 months late without condonation"}
{"issue_text":"Whether dirty hands doctrine prevents Applicant from being heard","issue_type":"procedural","dispositive":"no","related_facts":"Applicant has not paid $112,658 arbitral award"}

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background

Facts of the Case

Background

The applicant (former employer) brought review and appeal proceedings challenging an arbitral award that found the respondent's employment was unlawfully terminated and ordered payment of damages. The matters were decided on preliminary points regarding procedural compliance.

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