Mike Harris Toyota (Pvt) Ltd v Glenda Schaller

[2016] ZWLC 590

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Case Details

Court

Labour Court

Date

23 September 2016

Citation

[2016] ZWLC 590

Judgment No.

LC/H/590/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour lawConstructive dismissalContract repudiation

Keywords

constructive dismissalrepudiationarbitral awardreinstatementdesertion

Key Issues

{"issue_text":"Whether respondent's conduct amounted to repudiation of contract","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent refused to return to work after charges withdrawn"}
{"issue_text":"Whether uplifting of suspension was a nullity","issue_type":"law","dispositive":"no","related_facts":"Respondent accepted benefits after suspension lifted"}
{"issue_text":"Whether arbitrator erred by ordering reinstatement when respondent prayed for monetary settlement","issue_type":"law","dispositive":"no","related_facts":"Respondent claimed 24 months salary, arbitrator ordered reinstatement"}

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background

Facts of the Case

Background

The respondent was employed as Accounts Manager by the appellant. She alleged constructive dismissal due to unilateral changes to conditions of service including withheld bonuses and withdrawn profit sharing. After lodging a complaint with the Ministry of Labour, the appellant withdrew charges and requested her return to work, which she refused. She was subsequently dismissed for absenteeism. The arbitrator found constructive dismissal and ordered reinstatement or damages. The appellant appealed.

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