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Labour Court
Sandvik Mining & Construction v Misheck Mabez
[2016] ZWLC 575
Case Details
Court
Labour Court
Date
23 September 2016
Citation
[2016] ZWLC 575
Judgment No.
LC/H/575/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Muzofa J
Full Bench
Muzofa J
Areas of Law
Labour LawArbitration Appeals
Keywords
question of lawgross misdirectionreinstatementarbitrator's decision
Tags
appeal against arbitral awardquestion of lawgross misdirection
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether grounds of appeal raise questions of law as envisaged by section 98(10) of Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"All grounds of appeal presented by appellant"}
- {"issue_text":"Whether first ground alleging gross misdirection on facts constitutes question of law","issue_type":"mixed","dispositive":"no","related_facts":"Arbitrator's finding on respondent's discretion to return"}
- {"issue_text":"Whether fourth ground on procedural remedy of reinstatement constitutes question of law","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator's order for reinstatement or negotiation of damages"}
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background
Facts of the Case
Background
The appellant appealed against an arbitral award. The dispute centered on whether the respondent employee wilfully disobeyed a lawful instruction to return to Unki Mine, and whether the arbitrator erred in finding that physical presence at the mine was not necessary.
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