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Labour Court
Proton Bakers (Pvt) Ltd v Crawford Aridondo & Anor
[2016] ZWLC 689
Case Details
Court
Labour Court
Date
14 September 2016
Citation
[2016] ZWLC 689
Judgment No.
LC/H/689/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G. Musariri
Full Bench
G. Musariri
Areas of Law
Labour lawUnfair dismissalArbitration review
Keywords
Arbitration awardMisconductSupervisorsReinstatementDamages
Tags
Arbitration appealMisconductSupervisory negligence
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in law by holding that evidence of subordinate was insufficient to prove supervisors' guilt","issue_type":"law","dispositive":"yes","related_facts":"Herbert's evidence implicating supervisors"}
- {"issue_text":"Whether the arbitrator erred in finding supervisors not blameworthy despite being accountable for subordinates' actions","issue_type":"mixed","dispositive":"yes","related_facts":"Supervisors' duty to prevent dough mixing violations"}
- {"issue_text":"Whether the arbitrator erred in overturning guilty finding and reinstating without penalty","issue_type":"law","dispositive":"yes","related_facts":"Finding that penalty should have been applied"}
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background
Facts of the Case
Background
The appellant company dismissed two supervisors after a subordinate employee was caught mixing 14 bread breakages into dough, violating company policy allowing maximum 2 breakages. The arbitrator ordered reinstatement or damages, finding the supervisors minimally blameworthy.
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