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Supreme Court
Montclair Hotel and Casino v Laurence Dube
SC 68/18
Case Details
Court
Supreme Court
Date
1 November 2018
Citation
SC 68/18
Neutral Citation
[2018] ZWSC 68
Outcome
unknown
Case Type
Appeal
Bench
Presiding
BHUNU JA
Full Bench
GARWE JAGUVAVA JABHUNU JA
Areas of Law
Labour lawEmployment law
Keywords
HALA systemRestructuringWillful disobedienceConstructive dismissalGrievance procedure
Tags
Constructive dismissalEmployment contractRestructuringDisobedience of lawful orders
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an employee can lawfully disobey employer's orders pending resolution of grievances","issue_type":"law","dispositive":"yes","related_facts":"Respondent disobeyed orders while grievances pending"}
- {"issue_text":"Whether the restructuring exercise was lawfully implemented","issue_type":"law","dispositive":"no","related_facts":"HALA system adopted after Works Council consultation"}
- {"issue_text":"Whether the dismissal for wilful disobedience was fair","issue_type":"law","dispositive":"yes","related_facts":"Respondent repeatedly disobeyed lawful orders"}
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background
Facts of the Case
Background
The respondent employee was dismissed for wilful disobedience of lawful orders after protesting against workplace restructuring that introduced a HALA management system making him subordinate to the Finance Manager. The Labour Court found the dismissal unfair, but the Supreme Court reversed this decision.
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