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Case Details
Court
Labour Court
Date
5 April 2013
Citation
[2013] ZWLC 228
Judgment No.
LC/H/228/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour lawEmployment contractsSection 16 transfers
Keywords
ReinstatementArbitrator decisionLong service awardZINWATransfer of undertaking
Tags
Transfer of employeesEmployer identificationGovernment directive
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in law by concluding City of Harare was respondent's employer entitled to face arbitration","issue_type":"law","dispositive":"yes","related_facts":"Government directive effective 1 Feb 2009; long service award Dec 2009; dismissal Mar 2009"}
- {"issue_text":"Whether reliance on long service award was a misdirection","issue_type":"law","dispositive":"no","related_facts":"Award issued Dec 2009 after re-transfer date"}
- {"issue_text":"Whether factual findings were so outrageous as to defy logic and constitute error of law","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's reasoning on employer identity"}
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background
Facts of the Case
Background
Employee transferred from City of Harare to ZINWA, then back to City of Harare per government directive. While at ZINWA he was dismissed for absenteeism. He challenged dismissal at arbitration against City of Harare (not ZINWA), claiming he was already re-transferred to City of Harare as employer. Arbitrator agreed and ordered reinstatement. City of Harare appealed.
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