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ZESA HOLDINGS (PVT) LTD v UTAH 2018 (1) ZLR 593 (S)

2018 (1) ZLR p593

Citation

2018 (1) ZLR 593 (S)

Case No

Judgment No. S-32-18

Court

Supreme Court, Harare

Judge

Gwaunza JA, Guvava JA & Mavangira JA

Heard

22 September 2017

Judgment

12 June 2018

Counsel

S M Hashiti, for the appellant
M Gwisai, with C Mahlangu, for the respondent

Case Type

Labour appeal

Annotations

Flynote

Arbitration – arbitrator – jurisdiction – award made by another arbitrator – second arbitrator having no authority to correct, alter or supplement it – matter res judicata and second arbitrator functus officio in relation to it

Employment – termination – retrenchment – employer restructuring organisation and terminating employment – parties agreeing on termination but referring issue of benefits to arbitration – not a retrenchment in terms of labour laws

Practice and procedure – res judicata – applicability – arbitration in relation to same matter – second arbitrator having no authority to correct, alter or supplement earlier decision

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