City of Harare v Onias Rusike & Anor

[2016] ZWLC 454

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Case Details

Court

Labour Court

Date

22 July 2016

Citation

[2016] ZWLC 454

Judgment No.

LC/H/454/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F C Maxwell J

Full Bench

F C Maxwell J

Areas of Law

Labour LawEmployment Law

Keywords

unfair labour practicenon-payment of salariesappeal suspensionarbitral award

Key Issues

{"issue_text":"Whether the arbitrator was correct to proceed with the matter after being notified that an application for leave to appeal against the judgment of this court was pending","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant noted appeal claiming it suspended judgment; No application made to suspend judgment"}
{"issue_text":"Whether non-payment of salaries for thirty-one months constitutes unfair labour practice","issue_type":"law","dispositive":"no","related_facts":"Respondents unpaid for 31 months; Appellant admitted non-payment"}

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Facts of the Case

Background

The respondents, former employees of the appellant, were suspended with pay for thirty days pending disciplinary hearings, then suspended for another thirty days during which they walked out of a hearing. They were convicted and dismissed in their absence. After arbitration found unfair labour practice in non-payment of salaries for thirty-one months, the appellant appealed claiming the pending application for leave to appeal suspended the judgment.

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