Falcon Security v The Respondent (Name Not Stated)

[2016] ZWLC 753

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Case Details

Court

Labour Court

Date

18 November 2016

Citation

[2016] ZWLC 753

Judgment No.

LC/H/753/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

UNKNOWN

Author

None

Full Bench

UNKNOWN

Areas of Law

Labour lawArbitration

Keywords

terminal benefitsarbitral awardstatutory deductionsleave paygratuity

Key Issues

{"issue_text":"Did the arbitrator exceed his terms of reference by addressing conceded claims for leave, gratuity and consumables?","issue_type":"procedural","dispositive":"no","related_facts":"Appellant acknowledged these items in its response"}
{"issue_text":"Was the arbitrator obliged to consider late-filed evidence on loan set-off and bank salary payments?","issue_type":"procedural","dispositive":"no","related_facts":"Supplementary filings dated 28 Sep 2015, after award"}
{"issue_text":"Did the arbitrator err by failing to calculate statutory deductions on the awarded amount?","issue_type":"law","dispositive":"yes","related_facts":"Award stated \"less statutory deductions\" without quantifying"}

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Facts of the Case

Background

A security guard employed for over 11 years claimed terminal benefits including unpaid wages, leave pay, gratuity and consumables. The employer acknowledged part of the claim. After arbitration awarded $6,187.48 plus items, the employer appealed, challenging the arbitrator's consideration of conceded items, failure to address set-off for a loan, and omission to calculate statutory deductions.

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