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Labour Court

Africa Online (Pvt) Ltd v Jonathan Chasakwa

[2016] ZWLC 618

Case Details

Court
Labour Court
Date
7 October 2016
Citation
[2016] ZWLC 618
Judgment No.
LC/H/618/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Muzofa J
Full Bench
Muzofa J
Areas of Law
Labour lawUnfair dismissalArbitration review
Keywords
Wilful disobedienceLawful orderReinstatementBack-payActing position
Tags
Consolidated appealsArbitration reviewMisconduct dismissal
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether arbitrator Dangarembizi erred in finding respondent guilty of wilful disobedience to lawful order","issue_type":"law","dispositive":"yes","related_facts":"Instruction of 19 April 2012, June 2012 loan authorisations"}
  • {"issue_text":"Whether arbitrator Dangarembizi erred in interfering with penalty of dismissal","issue_type":"law","dispositive":"yes","related_facts":"Wilful disobedience found to be serious misconduct"}
  • {"issue_text":"Whether arbitrator Mudzengi erred in appointing dismissed employee to position","issue_type":"law","dispositive":"yes","related_facts":"Respondent was dismissed when order made"}
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background
Facts of the Case

Background

Employee dismissed for misconduct including wilful disobedience to lawful order and unauthorised loans. Arbitrator found him guilty of wilful disobedience but altered dismissal to warning. Separate arbitrator appointed him to acting position while dismissed. Employer appealed both awards.
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