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Labour Court

City of Harare v Jerry Karichi

[2016] ZWLC 452

Case Details

Court
Labour Court
Date
22 July 2016
Citation
[2016] ZWLC 452
Judgment No.
LC/H/452/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Murasi J
Full Bench
Murasi J
Areas of Law
Labour LawEmployment Law
Keywords
absenteeismsick leavemedical certificatesarbitrationdismissal
Tags
absenteeismsick leavearbitrationdisciplinary hearing
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in finding the dismissal unfair when the respondent failed to account for his absence from 5-10 September 2013","issue_type":"mixed","dispositive":"yes","related_facts":"Unexplained absence period, medical certificates only covering later period, respondent's inability to explain absence at hearing"}
  • {"issue_text":"Whether the arbitrator correctly applied section 14(1) vs section 14B of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's reference to twelve days special leave provision"}
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background
Facts of the Case

Background

The respondent employee was dismissed for absenteeism from 5-10 September 2013. He produced medical certificates covering 11-13 September 2013. An arbitrator found the dismissal unfair and ordered reinstatement. The employer appealed, arguing the arbitrator erred in finding the dismissal unfair when the employee failed to account for his whereabouts during the initial period of absence.
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