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HAMA v NATIONAL RAILWAYS OF ZIMBABWE 1996 (1) ZLR 664 (S)

1996 (1) ZLR p664

Citation

1996 (1) ZLR 664 (S)

Case No

Judgment No. S-96-96

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA & Korsah JA

Heard

28 March 1996

Judgment

27 June 1996

Counsel

P Nherere, for the appellant
JC Andersen SC, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Appeal — notice of appeal — defective — amendment — appeal from decision of Labour Relations Tribunal other than on a question of law — fatally defective and incapable of amendment — factual findings by trial court — interference — irrationality of trial court's findings — when appeal court may interfere on grounds of irrationality

Court — jurisdiction — jurisdiction dependent on prior compliance with statutory requirement — whether court may hear matter where statute not complied with

Employment — employee — suspension pending application to dismiss — power of labour relations officer — not limited to ordering termination or reinstatement — must make an assessment of damages as an alternative to reinstatement

Interpretation of statutes — common law — presumption against amendment of — whether subordinate legislation can effect alteration to the common law

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