Superior Holdings (Pvt) Limited v John Madondo & 36 Others

[2016] ZWLC 284

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Case Details

Court

Labour Court

Date

6 May 2016

Citation

[2016] ZWLC 284

Judgment No.

LC/H/284/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P Muzofa J

Full Bench

P Muzofa J

Areas of Law

Labour lawUnfair dismissalDisciplinary procedures

Keywords

Absence from workSelective disciplinary actionCollective job actionReinstatementDamages

Key Issues

{"issue_text":"Whether the arbitrator erred in finding selective disciplinary action against the respondents","issue_type":"law","dispositive":"no","related_facts":"Only 37 out of alleged 50 employees were charged"}
{"issue_text":"Whether offence 6's proviso about good reason for absence applies to offence 48 (absence for more than five days)","issue_type":"law","dispositive":"no","related_facts":"Respondents charged under offence 48"}
{"issue_text":"Whether the respondents' explanation for absence constituted a good reason","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents withdrew labour due to unpaid wages"}
{"issue_text":"Whether there was unlawful dismissal warranting reinstatement or damages","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator found unfair dismissal"}

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background

Facts of the Case

Background

The respondents, 37 employees of Superior Holdings, were dismissed for being absent from work for more than five days after they reported for duty but refused to work from 26 May to 24 June 2009. This was in protest against the appellant's practice of paying wages in instalments. The matter went through various tribunals before being referred to arbitration.

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