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Labour Court
AGRIFOODS (PVT) LTD v ELISHA RUBENI
LC/H/95/2016
Case Details
Court
Labour Court
Date
10 February 2016
Citation
LC/H/95/2016
Neutral Citation
[2016] ZWLC 95
Outcome
unknown
Case Type
Appeal
Bench
Presiding
P Muzofa J
Full Bench
P Muzofa J
Areas of Law
Labour lawEmployment contractsArbitration
Keywords
acting allowanceunfair labour practicearbitrator's terms of referencesubstantive appointment
Tags
acting allowancesubstantive appointmentarbitrator's jurisdiction
legislation
Statutes Cited
- Labour Act [Chapter 28:01]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred by making a determination outside his terms of reference","issue_type":"procedural","dispositive":"yes","related_facts":"Terms of reference only covered acting allowance, pay increments and salary discrepancies"}
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background
Facts of the Case
Background
The respondent was employed as Salaries and Administration manager Grade C5. In 2009 he was verbally requested to take additional duties of Human Resource Manager and paid acting allowance. After working in that capacity for more than six months, he claimed he should have been appointed substantive Human Resource Manager per company policy. The matter went to arbitration.
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