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Labour Court
Pulse Medical Care (Pvt) Ltd t/a Pulse Pharmaceuticals v Tinnapi Nyawo & Sarah Mudimu N.O.
LC/H/252/25
Case Details
Court
Labour Court
Date
22 July 2025
Citation
LC/H/252/25
Neutral Citation
[2025] ZWLC 252
Outcome
unknown
Case Type
Review and Appeal
Bench
Presiding
L.M. Murasi J
Full Bench
L.M. Murasi J
Areas of Law
Labour lawUnfair dismissalArbitration procedure
Keywords
constructive dismissalprocedural irregularityquantification of damagesarbitration review
Tags
constructive dismissalreviewappealarbitration award
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator committed procedural irregularity by quantifying damages without hearing evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator indicated separate hearing would be held; no evidence led on quantification"}
- {"issue_text":"Whether the arbitrator had jurisdiction to determine claims for salary arrears, medical aid and fuel","issue_type":"procedural","dispositive":"no","related_facts":"These claims allegedly outside terms of reference"}
- {"issue_text":"Whether there was constructive dismissal","issue_type":"mixed","dispositive":"no","related_facts":"Conflicting versions of termination; working conditions; contract variation"}
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background
Facts of the Case
Background
The applicant/appellant employer and first respondent employee had a deteriorating employment relationship. The employee claimed constructive dismissal while the employer claimed the employee resigned or was dismissed after disciplinary proceedings. The matter went to arbitration before the second respondent, who made an award on 30 December 2024 finding constructive dismissal and quantifying damages without holding a separate hearing on quantification.
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