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Labour Court

Nunurai Bore v Juvanna Take Aways (Pvt) Ltd & Anor

[2016] ZWLC 787

Case Details

Court
Labour Court
Date
16 December 2016
Citation
[2016] ZWLC 787
Judgment No.
LC/H/787/2016
Outcome
unknown
Case Type
Application

Bench

Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Labour lawStatutory interpretation
Keywords
Minimum retrenchment packageMisconduct dismissalSection 12C(2) Labour ActSection 12(4a) Labour Act
Tags
Labour arbitrationStatutory interpretationDismissal for misconduct
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether an employee dismissed pursuant to disciplinary proceedings is entitled to payment of a minimum retrenchment package under section 12C(2) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Misconduct dismissal on 30 January 2016; claim for $477-36"}
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background
Facts of the Case

Background

The second respondent was dismissed for misconduct by the first respondent. She claimed a minimum retrenchment package under section 12C(2) of the Labour Act. The applicant arbitrator ruled in her favour, awarding $491-74. The first respondent opposed confirmation, arguing that misconduct dismissals do not attract retrenchment packages.
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