Denford N Musarirri v Beach Consultancy

[2016] ZWLC 109

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Case Details

Court

Labour Court

Date

4 March 2016

Citation

[2016] ZWLC 109

Judgment No.

LC/H/109/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L Kudya

Full Bench

L Kudya

Areas of Law

Labour lawEmployment contracts

Keywords

transferunfair labour practicearbitral awardappeal

Key Issues

{"issue_text":"Whether the arbitrator erred in finding the transfer lawful","issue_type":"law","dispositive":"yes","related_facts":"Employee transferred while retrenchment negotiations ongoing"}
{"issue_text":"Whether mutual termination agreement existed","issue_type":"fact","dispositive":"no","related_facts":"Parties engaged in retrenchment discussions before transfer"}
{"issue_text":"Whether transfer constituted unfair labour practice","issue_type":"law","dispositive":"yes","related_facts":"Employee transferred from Grade B2 to B4 position"}
{"issue_text":"Whether arbitrator was biased","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator gave terse award"}

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Facts of the Case

Background

Employee driver was transferred from bus driving to rump yard duties while negotiating retrenchment package. Employee claimed unfair labour practice and unlawful contract variation. Arbitrator dismissed claim. Employee appealed.

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