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MASIYIWA v TM SUPERMARKETS 1990 (1) ZLR 166 (S)

1990 (1) ZLR p166

Citation

1990 (1) ZLR 166 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Gubbay JA, McNally JA & Korsah JA

Heard

6 February 1990

Judgment

5 March 1990

Counsel

Miss C Chitiyo for appellant
EWW Morris for respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Employment — Labour Relations (General Conditions of Employment) (Termination of Employment) Regulations, 1985 SI 371/85 — s 3(b) — wilful disobedience — meaning of term — s 3(2) — whether s 3(2) confers a discretion — determination must be served on parties.

Interpretation of statutes — mandatory duty to act where no justification for failing to exercise power.

Words and phrases — "wilful disobedience" — moral justification makes disobedience no less wilful — "may" means "shall" in s 3(2).

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