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Case Details
Court
Labour Court
Date
2013
Citation
[2013] ZWLC 19
Judgment No.
LC/H/19/2013
Outcome
unknown
Case Type
Application
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawUnfair dismissal
Keywords
constructive dismissalintolerable working environmentresignationtheft allegationsdisciplinary proceedings
Tags
constructive dismissalresignation under pressureintolerable working environment
legislation
Statutes Cited
- Labour Act [Chapter 28:01]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the employer created an intolerable working environment leading to the applicant's resignation","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant given choice between disciplinary proceedings and resignation; applicant chose to resign"}
- {"issue_text":"Whether the applicant was deemed to have been unfairly dismissed under section 12B(3)(a)","issue_type":"law","dispositive":"yes","related_facts":"Applicant terminated contract by resignation; employer allegedly made continued employment intolerable"}
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background
Facts of the Case
Background
The applicant was arrested for alleged theft from his employer. After release from police custody, he was given the choice to face disciplinary proceedings or resign. He chose to resign and later claimed constructive dismissal.
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