Gilbert Mushure v National Employment Council for Transport Operating Industry

LC/H/437/14

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Case Details

Court

Labour Court

Date

30 March 2014

Citation

LC/H/437/14

Neutral Citation

[2014] ZWLC 437

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Author

Muzofa J

Full Bench

B.T. ChivizheP MuzofaL.M. Murasi

Areas of Law

Labour lawEmployment lawArbitration

Keywords

Unfair dismissalDamagesArbitral awardReinstatementQuantification

Key Issues

{"issue_text":"Whether payment of seven months' damages was made to appellant","issue_type":"fact","dispositive":"yes","related_facts":"Bank deposit, account number verification, lack of follow-up by appellant"}
{"issue_text":"Whether the arbitrator was biased","issue_type":"law","dispositive":"yes","related_facts":"Handwritten submissions ruling, lack of specific bias circumstances"}
{"issue_text":"Whether damages should be awarded in Zimbabwean dollars","issue_type":"law","dispositive":"no","related_facts":"Section 12A(1) interpretation, currency at time of reinstatement"}
{"issue_text":"Whether the arbitrator properly computed damages considering benefits","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of quantification, vague award terms"}

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background

Facts of the Case

Background

Gilbert Mushure was employed as a Senior Designated Agent by the National Employment Council for Transport Operating Industry until his dismissal in June 2007. He challenged the dismissal, leading to an arbitral award ordering reinstatement or alternatively payment of punitive damages. The respondent offered seven months' salary as settlement, which was allegedly deposited into Mushure's bank account. Mushure filed for quantification of damages in October 2010, resulting in an award of three years' salary, which he appealed.

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