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HH 432-14.pdf

🔗 Source: mail.jsc.org.zw

📊 Size: 227 KB

👤 Author: user

⬇️ Downloads: 85

Summary

Carnaud Metal Box (Private) Limited seeks to set aside an arbitral award issued by Arbitrator E. Maganyani, which ordered the reinstatement of Constantine Chiyanike, an employee who was suspended without pay and benefits. The award arose from a dispute over Chiyanike's attendance at a Labour Court hearing, which the company had denied him permission to attend. The company argues that the award violates Zimbabwean law and public policy, as there was no agreement between the parties to refer the matter to arbitration. However, the court finds that the Local Joint Committee had referred the matter to arbitration, distinguishing it from a previous case cited by the company. The respondent had raised a jurisdictional issue, but the court finds that it has jurisdiction to entertain the matter under the High Court Act and the Constitution. The court ultimately considers the company's ground for review, which is that the award was made in violation of the law and offends public policy, as the sole ground for setting aside the award.

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Description

Carnaud Metal Box (Private) Limited seeks to set aside an arbitral award issued by Arbitrator E.

Technical Information

File Format: PDF
File Size: 227 KB
Pages: 7
Language: EN
Author: user
Total Downloads: 85
Last Updated: 2 months ago

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