Michael Chipato v Energo (Private) Limited

[2016] ZWLC 526

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Case Details

Court

Labour Court

Date

9 September 2016

Citation

[2016] ZWLC 526

Judgment No.

LC/H/526/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour LawUnfair DismissalDamages Calculation

Keywords

unlawful dismissaldamagesreinstatementback payarbitrator's award

Key Issues

{"issue_text":"Whether the arbitrator erred in denying back pay for the period from dismissal to award","issue_type":"law","dispositive":"no","related_facts":"Appellant was dismissed in 2009, award made in 2013"}
{"issue_text":"Whether the arbitrator used the correct salary rate for calculating damages","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator used $160.20 (2009 rate) instead of $486.00 (2013 rate)"}
{"issue_text":"Whether appellant was entitled to leave pay for 2009-2013 period","issue_type":"law","dispositive":"no","related_facts":"Appellant claimed leave for entire period, arbitrator denied"}

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Facts of the Case

Background

The appellant was unlawfully dismissed in 2009. An arbitrator found the dismissal unlawful and awarded damages instead of reinstatement. The appellant appealed against the quantum of damages, specifically challenging the arbitrator's use of 2009 salary rates instead of 2013 rates and denial of back pay.

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