Victoria Foods (Private) Limited v Dorcas Kambani & Anor

LC/H/36/13

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Case Details

Court

Labour Court

Date

11 February 2013

Citation

LC/H/36/13

Neutral Citation

[2013] ZWLC 36

Outcome

unknown

Case Type

Review

Bench

Presiding

E.F. Ndewere

Full Bench

E.F. Ndewere

Areas of Law

Labour LawAdministrative Law

Keywords

Arbitral AwardConstructive DismissalGross IrregularityOral Hearing

Key Issues

{"issue_text":"Whether the arbitration proceedings or decision were grossly irregular under Section 27(1)(c) of the High Court Act","issue_type":"law","dispositive":"yes","related_facts":"Denial of oral hearing, use of \"we,\" contradictory orders, lack of reasons"}
{"issue_text":"Whether the Labour Court should set aside the award and refer the matter for fresh hearing","issue_type":"procedural","dispositive":"yes","related_facts":"All identified irregularities in the arbitration process"}
{"issue_text":"Whether costs should be awarded against the respondents","issue_type":"procedural","dispositive":"no","related_facts":"Conduct of parties and arbitrator"}

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background

Facts of the Case

Background

The applicant sought review of an arbitration award on grounds including lack of meaningful factual narration, grammatical errors, failure to give reasons, use of "we" suggesting multiple decision-makers, and denial of oral hearing. The arbitrator had denied parties oral submissions and made contradictory orders including reinstatement and termination.

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