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Labour Court

Global Papers v Zivanai Mbasera

LC/H/143/16

Case Details

Court
Labour Court
Date
18 March 2016
Citation
LC/H/143/16
Neutral Citation
[2016] ZWLC 143
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E Muchawa
Full Bench
E Muchawa
Areas of Law
Labour lawArbitration
Keywords
default judgmentarbitral awardreinstatementrescission
Tags
arbitrationdefault judgmentreinstatement
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Labour Court can hear an appeal against a default arbitral award on the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant did not attend arbitration; award made in default"}
  • {"issue_text":"Whether appellant was duly notified of arbitration hearing","issue_type":"factual","dispositive":"no","related_facts":"Appellant claims no evidence of notification"}
  • {"issue_text":"Whether respondent was entitled to 15 months' salary or only 4 months under fixed term contract","issue_type":"mixed","dispositive":"no","related_facts":"Respondent had 6-month fixed term contract with 4 months remaining"}
  • {"issue_text":"Whether respondent was entitled to $369 leave pay under section 12(4)(c) of Labour Act","issue_type":"legal","dispositive":"no","related_facts":"Claim for $369 leave pay was made"}
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background
Facts of the Case

Background

The respondent employee was dismissed by appellant employer for alleged misconduct, reinstated by Local Joint Committee and Negotiating Committee, but appellant refused to comply leading to arbitration where default award was granted. Appellant appealed against the arbitral award.
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