High Court judge Justice Alpheus Chitakunye has upheld the decision by an arbitrator compelling Air Zimbabwe to pay $88 878 in terminal benefits to Samson Meki. Meki was retrenched by Air Zimbabwe in 2009. However, after being awarded the amount, Air Zimbabwe challenged the arbitrator’s decision at the High Court. In his ruling Justice Chitakunye said,
I am of the view that if indeed the first applicant (AirZim) believed the judgment was in error that was the appropriate time to apply for rescission in terms of rule 449. This was not done. The first applicant waited until after being served with a court application for a garnishee order in December 2016…I am of the view that the delay in instituting this application was inordinate in the circumstances and for that reason, the application may not be granted as well. I am of the view that the circumstances of this case call for censure of the applicants by way of punitive costs.
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