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Labour Court
Ottilia Makota v Food World Supermarket
[2016] ZWLC 270
Case Details
Court
Labour Court
Date
13 May 2016
Citation
[2016] ZWLC 270
Judgment No.
LC/H/270/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Labour lawEmployment disputesEvidence
Keywords
Overtime paymentBurden of proofSection 125 Labour ActArbitrator awardDeed of settlement
Tags
Maternity leaveOvertime claimsDeed of settlementRes judicata
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether deed of settlement estopped appellant from pursuing appeal on overtime","issue_type":"procedural","dispositive":"no","related_facts":"Deed signed after appeal filed; deed silent on pending matters"}
- {"issue_text":"Whether arbitrator erred in limiting overtime award to proven three months","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant bore burden of proof; only proved three months"}
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background
Facts of the Case
Background
Appellant employee claimed overtime and other benefits from respondent employer. Arbitrator awarded only partial overtime. Parties signed deed of settlement covering arbitrator's award while appeal was pending. Appellant continued appeal on overtime portion only.
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