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Labour Court
A.J. Madondo Investments v Emmaculate Rwafa
[2016] ZWLC 749
Case Details
Court
Labour Court
Date
18 November 2016
Citation
[2016] ZWLC 749
Judgment No.
LC/H/749/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour lawArbitration
Keywords
damages in lieu of reinstatementarbitrator's failure to consider submissionsremittal for rehearing
Tags
arbitrationquantification of damagesreinstatement
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the arbitrator err by awarding damages despite alleged repudiation of contract by respondent?","issue_type":"mixed","dispositive":"no","related_facts":"Respondent sought quantification; appellant alleged repudiation"}
- {"issue_text":"Did the arbitrator fail to consider the appellant's submissions?","issue_type":"procedural","dispositive":"yes","related_facts":"Award analysis section silent on appellant's submissions"}
- {"issue_text":"Should the award be set aside and the matter remitted for rehearing?","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator gave no reasons on appellant's submissions"}
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background
Facts of the Case
Background
The respondent employee was awarded reinstatement by an arbitrator; she later sought quantification in lieu of reinstatement. The arbitrator quantified damages at $4,455-00. The appellant employer appealed, arguing the arbitrator ignored its submissions and misdirected herself on the law.
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