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Labour Court

Damo Resources (Pvt) Ltd v Killian Mandisodza

[2014] ZWLC 798

Case Details

Court
Labour Court
Date
11 November 2014
Citation
[2014] ZWLC 798
Judgment No.
LC/H/798/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour lawEmployment contracts
Keywords
probationunfair dismissalarbitrationterminationnatural justice
Tags
probationary employmentunfair dismissalarbitration appeal
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether or not Respondent was unfairly dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Probationary employment, termination after unsuccessful probation, no disciplinary hearing held"}
  • {"issue_text":"Whether or not the arbitrator ought to have given the option of reinstatement instead of damages","issue_type":"law","dispositive":"no","related_facts":"Arbitrator awarded compensation rather than reinstatement"}
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background
Facts of the Case

Background

The respondent was employed as chief security officer on probation from 1 July 2013. After unsuccessful completion of probation, his contract was terminated with 14 days notice. The arbitrator found this constituted unfair dismissal and awarded compensation, leading to this appeal.
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