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Labour Court

Reuben Mapfumo and 12 Others v Landos Farm (Pvt) Ltd t/a Peyston Trading

[2014] ZWLC 46

Case Details

Court
Labour Court
Date
10 October 2014
Citation
[2014] ZWLC 46
Judgment No.
LC/MC/46/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour lawArbitration
Keywords
Reinstatement without salaryArbitral awardProcedural irregularity
Tags
ReinstatementArbitrationDisciplinary proceedings
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator grossly misdirected himself by awarding reinstatement without salary and benefits","issue_type":"law","dispositive":"yes","related_facts":"Appellants had not worked from July 2013 to December 2013"}
  • {"issue_text":"Whether the arbitrator erred by making an award outside his terms of reference","issue_type":"law","dispositive":"no","related_facts":"Arbitrator made reinstatement conditional and subject to future disciplinary hearing"}
  • {"issue_text":"Whether the arbitrator was biased in his findings","issue_type":"law","dispositive":"no","related_facts":"Appellants alleged arbitrator merely bought respondent's story"}
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background
Facts of the Case

Background

Appellants were employed by respondent in various capacities. Respondent instituted disciplinary proceedings against them but withdrew the charges due to procedural irregularities and reinstated the appellants. Appellants refused to return to work. The matter went to arbitration where the arbitrator ordered reinstatement without salary and benefits from July 2013. Appellants appealed against this award.
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