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Labour Court
Legacy International School v Miriam Chakabatwa
[2014] ZWLC 76
Case Details
Court
Labour Court
Date
31 January 2014
Citation
[2014] ZWLC 76
Judgment No.
LC/H/76/2014
Outcome
unknown
Case Type
Application
Bench
Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour LawEmployment ContractsArbitration
Keywords
resignationnotice payleave daysstay of executionarbitration awardirreparable harm
Tags
resignationnotice payleave daysstay of executionarbitration award
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has demonstrated potentiality of irreparable harm if execution proceeds","issue_type":"procedural","dispositive":"no","related_facts":"Total amount $3,500; $2,100 in dispute; applicant concedes $1,400"}
- {"issue_text":"Whether the applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Termination agreement clearly provides for payments; arbitrator's findings on payments due"}
- {"issue_text":"Whether the balance of hardship favors the applicant","issue_type":"procedural","dispositive":"no","related_facts":"Respondent out of employment and needs money; applicant has not offered to pay conceded amount into court"}
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background
Facts of the Case
Background
The applicant school employed the respondent as an Administrator. The respondent resigned on 1 February 2013 and both parties entered into a termination agreement on 13 February 2013 providing for payment of outstanding leave days and notice pay. The respondent claimed unfair labour practice before an arbitrator who ordered the applicant to pay notice pay and leave days. The applicant sought a stay of execution pending appeal.
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