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Labour Court
Charles J Makari v Toll Free Zimbabwe
[2016] ZWLC 237
Case Details
Court
Labour Court
Date
13 May 2016
Citation
[2016] ZWLC 237
Judgment No.
LC/H/237/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L Hove
Full Bench
L Hove
Areas of Law
Labour arbitrationUnfair dismissalArbitration procedure
Keywords
arbitrator mandateterms of referencewithout prejudice negotiationsarbitral award review
Tags
arbitrationterms of referencewithout prejudice negotiations
legislation
Statutes Cited
- None – no statutory provisions are quoted or interpreted.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether arbitrator exceeded mandate by abandoning terms of reference and ordering payment based on without prejudice negotiations instead of first determining unfair dismissal","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator ordered payment without addressing unfair dismissal; payment based on aborted settlement negotiations"}
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background
Facts of the Case
Background
The appellant employee was dismissed by respondent employer. The dispute went to arbitration where the arbitrator ordered payment of negotiated arrear salaries and benefits without first determining whether the dismissal was unfair, thereby allegedly exceeding his mandate by abandoning the agreed terms of reference.
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