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Labour Court
Sterling Furnishing Company (Pvt) Ltd v Elisah V Madzivire
[2016] ZWLC 93
Case Details
Court
Labour Court
Date
4 March 2016
Citation
[2016] ZWLC 93
Judgment No.
LC/H/93/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
P. Muzofa
Full Bench
P. Muzofa
Areas of Law
Labour lawEmployment disputeArbitration review
Keywords
Unfair dismissalFraudEmployment benefitsArbitration awardQuestion of law
Tags
Arbitration appealQuestion of lawFraud chargesEmployment benefits
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding insufficient evidence of misconduct regarding golf subscriptions","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent withdrew golf money but did not play golf; produced forged invoices"}
- {"issue_text":"Whether the arbitrator erred in finding insufficient evidence of misconduct regarding school fees benefit","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent received full benefit but children attended cheaper schools"}
- {"issue_text":"Whether the arbitrator erred in finding the hearing officer was biased","issue_type":"procedural","dispositive":"no","related_facts":"Bias was not raised by parties but considered by arbitrator"}
- {"issue_text":"Whether damages can be awarded without option of reinstatement","issue_type":"law","dispositive":"no","related_facts":"Arbitration award ordered damages without reinstatement option"}
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background
Facts of the Case
Background
The respondent employee was dismissed for allegedly fraudulently accessing employment benefits including golf subscriptions, school fees and phone allowances. An arbitrator found the dismissal unfair. The employer appealed, arguing the arbitrator erred in finding insufficient evidence of misconduct.
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