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Case Details
Court
Labour Court
Date
8 May 2013
Citation
[2013] ZWLC 324
Judgment No.
LC/H/324/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour lawArbitration appeals
Keywords
legitimate expectationacting allowancesubstantive appointmentgrade 11senior clerical officer
Tags
arbitration appealsubstantive appointmentacting allowancelegitimate expectation
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding appellant never acted in Senior Clerical Officer Grade 11","issue_type":"mixed","dispositive":"yes","related_facts":"Acting capacity, organogram evidence, grade distinctions"}
- {"issue_text":"Whether legitimate expectation for substantive appointment was created","issue_type":"law","dispositive":"yes","related_facts":"Acting allowance, recommendation letters, ministerial directive"}
- {"issue_text":"Whether the appeal raises valid points of law under section 98(10) of Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Nature of appeal grounds"}
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background
Facts of the Case
Background
The appellant, employed as a general labourer grade 15/16 since 1999, claimed entitlement to substantive appointment to grade 11 (Senior Clerical Officer) based on having acted in that capacity and receiving acting allowances. The arbitrator dismissed her claim, finding no evidence she acted in grade 11.
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