PACKRITE (PVT) LTD v JOHN DZIVAKWE & 7 OTHERS

LC/H/174/16

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Case Details

Court

Labour Court

Date

1 March 2016

Citation

LC/H/174/16

Neutral Citation

[2016] ZWLC 174

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour LawContract LawEmployment Law

Keywords

Salary arrearsAgreement to offsetConduct as acceptanceQuantum of damagesArbitral award

Key Issues

{"issue_text":"Whether an agreement to offset salary arrears existed between the parties based on respondents' conduct","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents' letters rejecting proposal, their continued employment status, control of Screen Rite division"}
{"issue_text":"Whether the arbitrator erred in awarding USD31,144.76 despite finding insufficient evidence","issue_type":"law","dispositive":"yes","related_facts":"Alternative admission of USD31,342.07, differences in claimant numbers and amounts"}

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Facts of the Case

Background

Respondents were employed by appellant and claimed salary arrears from November 2010 to December 2013. After failed conciliation, matter proceeded to arbitration. Arbitrator found respondents were owed arrears and awarded USD31,144.76. Appellant appealed on grounds that respondents had agreed to accept Screen Rite division as settlement and that the quantum was incorrectly calculated.

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