MANDE AND COMPANY (PVT) LTD v PHANUEL SEBASTIAN PFUMAYARAMBA

Key Issues

• {"issue_text":"Whether the claim has prescribed","issue_type":"law","dispositive":"no","related_facts":"Respondent's entitlement to allowances is continuing even at time of entering award"}
• {"issue_text":"Whether respondent entitled to salary increment","issue_type":"law","dispositive":"no","related_facts":"Claims for salary increment were dismissed by arbitrator"}
• {"issue_text":"Whether respondent entitled to salary of US$2,000 per month","issue_type":"fact","dispositive":"no","related_facts":"Claim for specific salary amount was dismissed"}
• {"issue_text":"Whether respondent entitled to allowances","issue_type":"mixed","dispositive":"yes (partially)","related_facts":"Clothing allowance 34%, entertainment allowance 4%, fuel allowance disputed, medical aid and sports club membership"}
• {"issue_text":"Whether arbitrator correctly calculated allowances without evidence of amounts","issue_type":"law","dispositive":"yes (fuel allowance aspect)","related_facts":"No evidence led on how amounts claimed were arrived at for fuel allowance"}
• {"issue_text":"Whether arbitrator made contradictory findings on licensing and insurance but still awarded $574","issue_type":"law","dispositive":"yes","related_facts":"Finding that respondent did not furnish proof of quantum but still awarded amount"}

Background