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Supreme Court

Barclays Bank of Zimbabwe Limited v Norma Mapfanya (2) Silinganiso Moyo N.O.

[2021] ZWSC 90

Case Details

Court
Supreme Court
Date
20 November 2019
Citation
[2021] ZWSC 90
Judgment No.
SC 90/21
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GOWORA JA
Full Bench
GOWORA JAGUVAVA JABERE JA
Areas of Law
Labour lawConstructive dismissalJurisdiction of Labour Court
Keywords
Constructive dismissalLabour Court jurisdictionArbitral award reviewUnfair labour practiceSection 12B Labour Act
Tags
Constructive dismissalLabour arbitrationJurisdictional challengeReview of arbitral award
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
  • Supreme Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Did the Labour Court have jurisdiction to entertain as a court of first instance a complaint of unfair dismissal arising from a dispute of right under section 12B?","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent approached Labour Court directly in 2010 without prior referral to labour officer"}
  • {"issue_text":"Can an employee claim constructive dismissal without having terminated the employment relationship?","issue_type":"law","dispositive":"yes","related_facts":"Respondent remained in employment when application launched"}
  • {"issue_text":"Was the arbitrator's order for production of extensive payroll documents an irregularity warranting review?","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator ordered wide range of confidential payroll documents"}
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background
Facts of the Case

Background

The first respondent, employed by the appellant bank since 1980, alleged constructive dismissal due to unfair labour practices including being shuffled between departments and given fictitious posts. She approached the Labour Court directly claiming constructive dismissal without having resigned, and the court ordered compensation for losses and remitted the matter for quantification to an arbitrator.
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