Zimbabwe Power Company v M. Mpukuta and Others

JUDGMENT NO LC/H/463/16

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Case Details

Court

Labour Court

Date

12 July 2016

Citation

JUDGMENT NO LC/H/463/16

Neutral Citation

[2016] ZWLC 463

Judgment No.

LC/H/463/16

Outcome

unknown

Case Type

Review and Appeal

Bench

Presiding

Chivizhe J

Full Bench

Chivizhe J

Areas of Law

Labour LawArbitration Law

Keywords

Arbitrator JurisdictionUnfair Labour PracticeSale of HousesReview

Key Issues

{"issue_text":"Whether the Arbitrator erred by failing to rule on the preliminary objection regarding jurisdiction before proceeding to the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator failed to address jurisdictional issue raised as preliminary objection"}
{"issue_text":"Whether the conjoined application for review and appeal was procedurally proper","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed review and appeal together under one case number"}
{"issue_text":"Whether the Arbitrator had jurisdiction over a purely contractual matter","issue_type":"law","dispositive":"yes","related_facts":"Dispute over sale of houses occupied by employees"}

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background

Facts of the Case

Background

The Applicant offered its employees the right to purchase houses they occupied in 2001 but later withdrew the offer. The employees referred a dispute for arbitration, and the Arbitrator found this constituted an unfair labour practice. The Applicant sought review and appeal of the arbitral award, arguing the Arbitrator lacked jurisdiction and failed to rule on preliminary objections.

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