The Wattle Company v Evison Magarezano

JUDGMENT NO LC/MC/06/16

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Case Details

Court

Labour Court

Date

2 February 2016

Citation

JUDGMENT NO LC/MC/06/16

Neutral Citation

[2016] ZWLC 06

Judgment No.

LC/MC/06/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L Kudya

Author

Kudya, J

Full Bench

L Kudya

Areas of Law

Labour LawAlternative Dispute Resolution

Keywords

reinstatementback payarbitrator jurisdictionfunctus officioenforcement

Key Issues

{"issue_text":"Whether the arbitrator had jurisdiction to issue a second award after the parties had complied with the reinstatement order and entered into an agreement","issue_type":"procedural","dispositive":"yes","related_facts":"The parties complied with the reinstatement order and entered into an agreement; the appellant defaulted; the arbitrator issued a second award"}
{"issue_text":"Whether the arbitrator's second award served any meaningful purpose or was bad at law","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator issued a second award upholding the agreement and providing for acceleration"}

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Facts of the Case

Background

The respondent employee was reinstated following an arbitration award, and the parties agreed on back pay terms. The appellant employer defaulted on payments, prompting the respondent to return to the arbitrator, who issued a second award upholding the agreement and providing for acceleration upon breach. The appellant appealed, arguing the arbitrator lacked jurisdiction.

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