Allied Timbers (Pvt) Ltd v R. Chikwena + 10 Others

[2014] ZWLC 14

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Case Details

Court

Labour Court

Date

14 March 2014

Citation

[2014] ZWLC 14

Judgment No.

LC/MC/14/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour LawEmployment LawArbitration

Keywords

unfair transferreinstatementarbitration awardcode of conductaudi alteram partem

Key Issues

{"issue_text":"Whether arbitrator erred in failing to recognize appellant acted in terms of registered Code of Conduct","issue_type":"law","dispositive":"yes","related_facts":"Allied Timbers Conditions of Service Manual section 5"}
{"issue_text":"Whether arbitrator exceeded terms of reference by ordering reinstatement","issue_type":"procedural","dispositive":"yes","related_facts":"Terms limited to unfair transfer and remedy"}
{"issue_text":"Whether appellant observed audi alteram partem rule","issue_type":"law","dispositive":"no","related_facts":"Works Council Meetings, union representation"}
{"issue_text":"Whether arbitrator properly considered evidence","issue_type":"law","dispositive":"no","related_facts":"Accommodation claims, failure to report"}
{"issue_text":"Whether respondents entitled to transfer package","issue_type":"law","dispositive":"no","related_facts":"Policy on temporary vs permanent transfers"}

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background

Facts of the Case

Background

The appellant company transferred respondents to different workstations due to low productivity. After initial transfer was reversed following union complaint, second transfers were made to urban centres. Respondents refused to comply, were dismissed after disciplinary hearings, and successfully claimed unfair transfer at arbitration. The company appeals the arbitral award.

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