African Sun Limited v Tersh Mahiya

[2016] ZWLC 204

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Case Details

Court

Labour Court

Date

8 April 2016

Citation

[2016] ZWLC 204

Judgment No.

LC/H/204/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Employment LawLabour Arbitration

Keywords

resignationterminal benefitscommissionsleave daysarbitrator jurisdictionunfair labour practice

Key Issues

{"issue_text":"Does a labour arbitrator have jurisdiction to hear claims by an employee who has resigned?","issue_type":"law","dispositive":"yes","related_facts":"Respondent resigned on 30 April 2013"}
{"issue_text":"Is cash in lieu of leave payable to a resigned employee under Section 13 of the Labour Act?","issue_type":"law","dispositive":"yes","related_facts":"Respondent had 21 days accrued leave"}
{"issue_text":"Are commissions earned during employment payable after resignation?","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claimed 2011 and COPAC commissions"}

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background

Facts of the Case

Background

The respondent resigned from employment as Sales Manager without giving required notice. She claimed terminal benefits including cash in lieu of leave and outstanding commissions. The appellant disputed the arbitrator's jurisdiction over claims by a resigned employee.

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