Gift Mtisi v Paragon Communications

LC/H/288/2014

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Case Details

Court

Labour Court

Date

1 January 2014

Citation

LC/H/288/2014

Neutral Citation

[2014] ZWLC 288

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHIVIZHE J.

Full Bench

CHIVIZHE J.

Areas of Law

Employment LawLabour RelationsArbitration

Keywords

Unfair labour practiceMotor vehicle benefitsArbitral awardDamages calculationEmployment contract

Key Issues

{"issue_text":"Whether the appeal was premature given the arbitral award directed parties to negotiate damages","issue_type":"procedural","dispositive":"yes","related_facts":"The second arbitral award was not final as it left part of damages for negotiation"}
{"issue_text":"Whether the prescribed rate of interest was properly considered in damages calculation","issue_type":"law","dispositive":"no","related_facts":"Appellant claimed 30% interest rate should have been applied"}
{"issue_text":"Whether the damages calculation was correct using industry rates","issue_type":"fact","dispositive":"no","related_facts":"Dispute over USD266 vs USD306 salary calculation and total damages amount"}

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background

Facts of the Case

Background

The appellant was employed as a Technician by Siemens (Pvt) Ltd, transferred to Paragon Communications when it purchased Siemens' telecommunications business. The appellant complained about unfair labour practice regarding failure to provide motor vehicle benefits as per contract. Two arbitral awards were issued, with the second awarding damages for wrongful dismissal but leaving part of the damages for negotiation.

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