Nyamushaya, Kasusu And Rubaya v Betty Simango

[2014] ZWLC 741

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Case Details

Court

Labour Court

Date

23 October 2014

Citation

[2014] ZWLC 741

Judgment No.

LC/H/741/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawEmployment contractsArbitration review

Keywords

probationary contractunlawful dismissalarbitrator's findingsdamages in lieu of reinstatement

Key Issues

{"issue_text":"Whether the arbitrator erred in finding respondent was a permanent employee rather than probationary","issue_type":"mixed","dispositive":"no","related_facts":"Employment contract terms, probationary period"}
{"issue_text":"Whether the arbitrator misdirected herself in finding the termination was unlawful","issue_type":"mixed","dispositive":"yes","related_facts":"Termination procedures, probationary contract expiry"}
{"issue_text":"Whether the damages award was proper without evidence quantification","issue_type":"law","dispositive":"no","related_facts":"Damages calculation, evidence adduced"}

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background

Facts of the Case

Background

The respondent was employed by the appellant law firm and was terminated during her probationary period. After arbitration found in her favour awarding damages, the appellant appealed claiming the arbitrator misdirected herself on facts and law regarding probationary status and termination procedures.

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