Lobels Biscuits (Pvt) Ltd v The respondent (name not specified)

[2016] ZWLC 184

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Case Details

Court

Labour Court

Date

18 March 2016

Citation

[2016] ZWLC 184

Judgment No.

LC/H/184/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

UNKNOWN

Author

None

Full Bench

UNKNOWN

Areas of Law

Labour LawUnfair DismissalProcedural Fairness

Keywords

unfair dismissalprocedural irregularitiesdamagesreinstatementremittal

Key Issues

{"issue_text":"Whether it was proper for the Arbitrator to dispense with a re-hearing in the matter","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator found relationship poisoned without evidence"}
{"issue_text":"Whether it was competent for the Arbitrator to have granted the relief of payment of damages in the circumstances","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found procedural unfairness but awarded damages without addressing merits"}
{"issue_text":"What remedy the Court ought to grant","issue_type":"law","dispositive":"yes","related_facts":"Appeal succeeds on both grounds"}

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background

Facts of the Case

Background

The respondent was employed as a Debtors Clerk by Lobels Biscuits, suspended in 2012 for alleged misconduct, and dismissed in January 2013 for breach of Sections 4(a) and 4(f) of the National Code. After unsuccessful internal appeal, the matter went to arbitration where the arbitrator found procedural unfairness but awarded damages instead of reinstatement, claiming the relationship had broken down.

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