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Labour Court
Flyhigh Enterprises v Nesbert Chatikobo
[2016] ZWLC 155
Case Details
Court
Labour Court
Date
18 March 2016
Citation
[2016] ZWLC 155
Judgment No.
LC/H/155/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Labour LawEmployment Benefits
Keywords
arbitral award appealburden of proofgratuity calculationNSSA contributionspension fund offset
Tags
arbitral awardappealburden of proofgratuityNSSApension fund
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Pension and Provident Funds Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in shifting the burden of proof to the employer","issue_type":"law","dispositive":"yes","related_facts":"Dispute over job title and employment records"}
- {"issue_text":"Whether the arbitrator was required to hold an oral hearing","issue_type":"procedural","dispositive":"no","related_facts":"Matter decided on written submissions only"}
- {"issue_text":"Whether respondent was entitled to gratuity despite NSSA contributions","issue_type":"law","dispositive":"yes","related_facts":"17 years service, NSSA contributions"}
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background
Facts of the Case
Background
The appellant appealed against an arbitral award that found in favour of the respondent regarding terminal benefits, underpayment, and gratuity. The respondent had worked for 17 years and claimed he was employed as a block man rather than a butchery assistant.
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