City of Harare v Elister Chamisa

[2014] ZWLC 362

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Case Details

Court

Labour Court

Date

20 June 2014

Citation

[2014] ZWLC 362

Judgment No.

LC/H/362/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawUnfair dismissalSick leave compliance

Keywords

sick leavecollective bargaining agreementreinstatementarbitrationpoint of law

Key Issues

{"issue_text":"Does the ground of appeal raised by appellant amount to a point of law as required by section 98(10) of the Labour Act?","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's contention that arbitrator erred in law by finding non-compliance with sick leave provisions"}
{"issue_text":"Did the arbitrator grossly misdirect herself in finding that dismissal was unfair?","issue_type":"mixed","dispositive":"no","related_facts":"Arbitrator's findings regarding sick leave refusal and medical evidence"}

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background

Facts of the Case

Background

The respondent was employed by the appellant in the Waste Management Department. She was dismissed for alleged absence from duty without proper sick leave approval. The matter went through disciplinary proceedings, employment council appeal, and arbitration where the arbitrator found in favour of the respondent and ordered reinstatement or damages.

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