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Labour Court

Vengai Mupariwo & 5 Others v CPL (PVT) LTD

JUDGMENT NO. LC/H/166/2014

Case Details

Court
Labour Court
Date
28 March 2014
Citation
JUDGMENT NO. LC/H/166/2014
Neutral Citation
[2014] ZWLC 166
Judgment No.
LC/H/166/2014
Outcome
unknown
Case Type
Review

Bench

Presiding
F.C. Maxwell
Author
MAXWELL J
Full Bench
F.C. Maxwell
Areas of Law
Labour LawAdministrative Law
Keywords
audi alteram partemstatutory instrumentcasualisation of labourbiasreview
Tags
reviewarbitral awardnatural justicebias
legislation
Statutes Cited
  • Labour Act
  • Labour Act (implied)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Arbitrator demonstrated malice by proceeding to conclude the matter without waiting for the Respondent's submissions","issue_type":"fact","dispositive":"yes","related_facts":"Respondent did not file submissions within seven days; Arbitrator proceeded to make award"}
  • {"issue_text":"Whether there was a violation of the audi alteram partem rule","issue_type":"law","dispositive":"yes","related_facts":"Respondent was given seven days to file response but did not; Arbitrator proceeded without it"}
  • {"issue_text":"Whether the Arbitrator invoked the wrong statutory instrument (S.I. 174/2012 instead of S.I. 69/2006)","issue_type":"law","dispositive":"yes","related_facts":"Applicants' statement of claim referenced S.I. 174/2012; matter concerns period before its gazetting"}
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background
Facts of the Case

Background

The Applicants were former employees on fixed-term contracts who claimed unlawful dismissal when their contracts were not renewed. The matter went to compulsory arbitration where the Arbitrator found for the Respondent. The Applicants sought review of the award, alleging malice, gross irregularity, and violation of natural justice regarding the Arbitrator's handling of supplementary submissions and reference to a statutory instrument.
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