Munyati Mining Company v Tineyi Makuwe & 8 Others

[2016] ZWLC 604

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Case Details

Court

Labour Court

Date

7 October 2016

Citation

[2016] ZWLC 604

Judgment No.

LC/H/604/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chidziva J

Full Bench

Chidziva J

Areas of Law

Labour lawContract law

Keywords

overtimefull and final settlementpactum de non petendoarbitration

Key Issues

{"issue_text":"Whether the arbitrator erred in law by failing to consider full and final settlement agreements","issue_type":"law","dispositive":"yes","related_facts":"Settlement agreements signed upon termination releasing all claims"}
{"issue_text":"Whether the arbitrator was empowered to order overtime payment without evidence","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator acknowledged lack of cogent proof of overtime"}
{"issue_text":"Whether Section 125 Labour Act applied to overtime claim without findings of falsified records","issue_type":"law","dispositive":"yes","related_facts":"No findings that time sheets were false"}

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background

Facts of the Case

Background

The respondents, employed as security guards by CCC (operating as Munyati Mining), signed full and final settlement agreements upon termination in 2013. After receiving terminal benefits, they claimed overtime pay. The arbitrator ordered negotiation of overtime despite the settlement agreements and lack of evidence.

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