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Labour Court

City of Harare v Simba Hlomayi

[2016] ZWLC 636

Case Details

Court
Labour Court
Date
21 October 2016
Citation
[2016] ZWLC 636
Judgment No.
LC/H/636/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Labour lawEmployment lawUnfair dismissal
Keywords
AbsenteeismSick leaveReinstatementArbitrationCollective bargaining agreement
Tags
Unfair dismissalAbsenteeismSick leaveCollective bargaining agreement
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the dispute was prescribed under the Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Matter went to conciliation in 2011, cause of action arose in 2010"}
  • {"issue_text":"Whether the respondent had reasonable excuse for unauthorized absence from work","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claimed illness and medical treatment in Kenya, no sick leave application made"}
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background
Facts of the Case

Background

The respondent employee was dismissed for being absent from work without authority from 6 December 2009 to 19 January 2010. He claimed he was ill and travelled to Kenya for medical treatment. An arbitrator ordered his reinstatement, which the employer appealed.
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