Mahusekwa High School Development Association v Naison Taona Gondo

[2016] ZWLC 344

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Case Details

Court

Labour Court

Date

27 May 2016

Citation

[2016] ZWLC 344

Judgment No.

LC/H/344/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L Kudya

Full Bench

L Kudya

Areas of Law

Labour LawEmployment Law

Keywords

unfair dismissalabscondmentsuspensionrepudiation of contractarbitration appeal

Key Issues

{"issue_text":"Whether the arbitrator erred in not finding that S.I. 15/06 prescribes how an employee should proceed where an employee wilfully opts out of employment","issue_type":"law","dispositive":"no","related_facts":"Respondent worked at Seke during suspension"}
{"issue_text":"Whether the arbitrator erred in not finding that respondent was not dismissed at all","issue_type":"fact","dispositive":"yes","related_facts":"Respondent's employment status after suspension"}
{"issue_text":"Whether proper disciplinary procedures were followed in terminating respondent's employment","issue_type":"procedural","dispositive":"yes","related_facts":"No formal dismissal process was followed"}

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background

Facts of the Case

Background

The respondent employee was suspended following discovery of financial anomalies at Mahusekwa High School. During suspension, he briefly worked at Seke High School. The appellant employer claimed he repudiated his contract by taking up alternative employment, while the respondent claimed this was with the appellant's blessing pending conclusion of audit processes. The arbitrator found unfair dismissal and ordered reinstatement or damages.

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