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Labour Court

Lake Lodges T/A Bumi Hills Safari Lodge v Harris Kanhukamwe & Anor

LC/H/376/25

Case Details

Court
Labour Court
Date
10 September 2025
Citation
LC/H/376/25
Neutral Citation
[2025] ZWLC 376
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Tsikwa J
Full Bench
Tsikwa J
Areas of Law
Employment lawLabour arbitration
Keywords
bonusperformancewaiverarbitral awardLabour Act
Tags
bonus paymentperformance assessmentarbitral award appeal
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether arbitrator erred by not determining preliminary point that acceptance of terminal benefits waived right to bonus","issue_type":"procedural","dispositive":"no","related_facts":"1st respondent accepted terminal benefits without reservation"}
  • {"issue_text":"Whether arbitrator manufactured arguments for 1st respondent","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator relied on Section 12(2)(h) Labour Act"}
  • {"issue_text":"Whether 1st respondent was entitled to bonus","issue_type":"mixed","dispositive":"yes","related_facts":"Poor performance assessments; no bonus scheme; discretionary payment"}
  • {"issue_text":"Whether arbitrator correctly shifted burden of proof","issue_type":"law","dispositive":"no","related_facts":"1st respondent alleged entitlement; appellant denied"}
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background
Facts of the Case

Background

The appellant employed the 1st respondent as a Learner Professional Guide on a fixed-term contract from 1 January 2024 to 31 December 2024. On 3 December 2024 the appellant informed the 1st respondent that his contract would not be renewed and paid him terminal benefits. The 1st respondent claimed a bonus, which the appellant refused to pay citing poor performance. The matter went to compulsory arbitration where the arbitrator awarded the bonus, prompting this appeal.
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