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Labour Court
Jonathan Goosen v Body Active Gym
[2013] ZWLC 677
Case Details
Court
Labour Court
Date
6 December 2013
Citation
[2013] ZWLC 677
Judgment No.
LC/H/677/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G. Mhuri
Author
R. Manyangadze J
Full Bench
G. Mhuri JR. Manyangadze J
Areas of Law
Labour lawEmployment contracts
Keywords
Mutual terminationUnfair dismissalArbitral awardEmployment contract termination
Tags
Mutual terminationEmployment contractArbitral award
legislation
Statutes Cited
- None – no statute or statutory instrument is referred to in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in dismissing appellant's claim for lack of substance","issue_type":"procedural","dispositive":"no","related_facts":"Appellant lodged unfair labour practice complaint"}
- {"issue_text":"Whether the arbitrator misdirected himself in holding that appellant was lawfully dismissed without disciplinary hearing","issue_type":"law","dispositive":"no","related_facts":"No disciplinary hearing conducted"}
- {"issue_text":"Whether parties agreed to mutual termination or respondent dismissed appellant unlawfully","issue_type":"fact","dispositive":"yes","related_facts":"Signed termination agreement of 8 February 2013"}
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background
Facts of the Case
Background
The appellant was employed as General Manager by respondent from March 2010 to February 2013. After strained relations, the appellant proposed mutual termination through ZFTU. Despite initial rejection, parties signed termination agreement on 8 February 2013. After accepting payment, appellant lodged unfair labour practice complaint.
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