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Labour Court
Temperly Farm (Pvt) Ltd v B Chakwana and 116 Others
LC/H/35/2016
Case Details
Court
Labour Court
Date
22 January 2016
Citation
LC/H/35/2016
Neutral Citation
[2016] ZWLC 35
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawEmployment disputes
Keywords
DesertionConstructive dismissalArbitral awardReinstatementDamages
Tags
Constructive dismissalDesertionArbitral award appeal
legislation
Statutes Cited
- none – no statute or statutory chapter reference appears in the judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding Kelvin was properly cited in the matter","issue_type":"procedural","dispositive":"yes","related_facts":"Temperly Farm is not a legal persona"}
- {"issue_text":"Whether the respondents were unlawfully dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Workers refused relocation then deserted; employer provided transport"}
- {"issue_text":"Whether the arbitrator erred in finding constructive dismissal","issue_type":"mixed","dispositive":"yes","related_facts":"Workers cited poor accommodation and lack of equipment"}
- {"issue_text":"Whether the arbitrator determined issues outside agreed terms of reference","issue_type":"procedural","dispositive":"no","related_facts":"Contract variation was not part of terms of reference"}
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background
Facts of the Case
Background
The appellant appealed against an arbitral award that had ordered reinstatement of 117 workers. The workers had allegedly been constructively dismissed after refusing to relocate when their employer's farm was acquired under land reform. The court found the workers had deserted their employment and the proceedings were a nullity due to misidentification of the employer.
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