Donhe Construction Company v Luckmore Siyawadya

LC/H/674/14

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Case Details

Court

Labour Court

Date

30 September 2014

Citation

LC/H/674/14

Neutral Citation

[2014] ZWLC 674

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell J

Full Bench

F.C. Maxwell J

Areas of Law

Labour LawEmployment Law

Keywords

constructive dismissalunfair dismissalreinstatementabsenteeismrepudiation of contract

Key Issues

{"issue_text":"Whether the employee's absence constituted repudiation of contract entitling employer to terminate without following procedures","issue_type":"mixed","dispositive":"yes","related_facts":"Employee's inconsistent reporting after March 2013; non-payment of salaries"}
{"issue_text":"Whether the arbitrator erred in ordering reinstatement with full benefits from date of termination","issue_type":"law","dispositive":"no","related_facts":"Employee was not working during absence period; project was suspended"}

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background

Facts of the Case

Background

The respondent employee was employed as a Site Quantity Surveyor from February 2012. He stopped reporting for work consistently after March 2013 due to non-payment of salaries. In June 2013 he reported for work and demanded his salary, whereupon his employment was terminated. The arbitrator found this constituted unfair dismissal and ordered reinstatement.

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