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Labour Court
RIOZIM LIMITED v JOHANNES MANYEMWE
LC/H/736/2016
Case Details
Court
Labour Court
Date
18 November 2016
Citation
LC/H/736/2016
Neutral Citation
[2016] ZWLC 736
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Makamure J
Full Bench
Makamure J
Areas of Law
Labour LawContract Law
Keywords
Business flight benefitWaiverArbitral awardMonetary compensationEmployment entitlement
Tags
Travel benefitsWaiver of contractual rightsArbitration appeal
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the Arbitrator misdirect herself on a point of law by failing to recognize that the respondent’s failure to take the trips amounted to a waiver of rights?","issue_type":"law","dispositive":"yes","related_facts":"Respondent did not take trips, did not assert right during employment"}
- {"issue_text":"Did the Arbitrator commit a gross misdirection on the facts by finding the respondent was denied the opportunity to travel without evidence?","issue_type":"fact","dispositive":"yes","related_facts":"No evidence that respondent was denied travel"}
- {"issue_text":"Was it a misdirection in law to award monetary compensation without evidence of the value of the flights?","issue_type":"law","dispositive":"yes","related_facts":"No proof of monetary value, no contractual provision for cash equivalent"}
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background
Facts of the Case
Background
The respondent, a former Centserve Director at RIOZIM LIMITED, was contractually entitled to a return business flight to the UK every two years. He did not take the trips during his employment and sought monetary compensation after retirement. The arbitrator awarded compensation, which the appellant challenged on appeal.
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