Tapiwa Kunyepa v OK Zimbabwe Limited

[2016] ZWLC 504

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Case Details

Court

Labour Court

Date

27 July 2016

Citation

[2016] ZWLC 504

Judgment No.

LC/H/504/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour lawArbitration appeals

Keywords

overtimewage underpaymentarbitral awardsection 98(10) Labour Act

Key Issues

{"issue_text":"Whether the appeal raises questions of law as required by section 98(10) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"All grounds of appeal relate to factual findings and arbitrator's assessment of evidence"}
{"issue_text":"Whether the arbitrator misdirected herself on points of law regarding evidence and burden of proof","issue_type":"law","dispositive":"no","related_facts":"Appellant's grounds alleging arbitrator disregarded evidence and misplaced burden of proof"}

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background

Facts of the Case

Background

The appellant, a till operator employed by respondent from 2 May 2009 to 7 April 2015 when dismissed for misconduct, claimed underpayment of wages and non-payment of overtime. An arbitrator dismissed the claim for failure to prove. The appellant appealed on grounds that the arbitrator misdirected herself on points of law.

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