Dairibord Holdings Ltd v Benson Samudzimu

[2016] ZWLC 757

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Case Details

Court

Labour Court

Date

2 December 2016

Citation

[2016] ZWLC 757

Judgment No.

LC/H/757/2016

Outcome

unknown

Case Type

Appeal and Cross-Appeal

Bench

Presiding

B.S. Chidziva

Author

Chidziva J

Full Bench

B.S. Chidziva JE. Makamure JL. Hove J

Areas of Law

Labour lawArbitrationEmployment disputes

Keywords

unfair dismissalarbitration awardreinstatementacrimonious relationshipvictimisationres judicata

Key Issues

{"issue_text":"Whether the appeal is res judicata following previous review proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Previous review proceedings before Judge Muchawa"}
{"issue_text":"Whether the arbitrator erred in finding the respondent not guilty of misconduct charges","issue_type":"mixed","dispositive":"no","related_facts":"Evidence presented at arbitration, arbitrator's factual findings"}
{"issue_text":"Whether the arbitrator erred in finding the relationship acrimonious without evidence","issue_type":"law","dispositive":"yes","related_facts":"No evidence led on acrimonious relationship"}

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background

Facts of the Case

Background

The respondent employee was dismissed for alleged misconduct. An arbitrator found the dismissal unjustified and awarded either reinstatement or termination with a package, noting the employment relationship had become acrimonious. The employer appealed against the findings, while the employee cross-appealed against the acrimonious relationship finding.

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