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Labour Court

Nokuxola Tshaka v Rainbow Tourism Group

[2016] ZWLC 217

Case Details

Court
Labour Court
Date
8 April 2016
Citation
[2016] ZWLC 217
Judgment No.
LC/H/217/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Labour LawEmployment Law
Keywords
constructive dismissaltransferintolerable conditionsresignation
Tags
constructive dismissaltransfer disputesemployment contract variation
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appellant was constructively dismissed","issue_type":"law","dispositive":"yes","related_facts":"Transfer to new position, resignation citing intolerable conditions"}
  • {"issue_text":"Whether the transfer constituted a variation of employment contract","issue_type":"mixed","dispositive":"no","related_facts":"Same grade and remuneration maintained, different job responsibilities"}
  • {"issue_text":"Whether the arbitrator's findings were grossly unreasonable","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found no constructive dismissal"}
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background
Facts of the Case

Background

Appellant, employed as Personal Assistant to CEO, was transferred to Assistant Front Office Manager position. She raised a grievance four months later, which was dismissed, and subsequently resigned claiming constructive dismissal due to intolerable conditions.
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