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Case Details
Court
Labour Court
Date
8 April 2016
Citation
[2016] ZWLC 196
Judgment No.
LC/H/196/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour lawPrescriptionEmployment contracts
Keywords
prescriptionresignationarrear salariesarbitrationLabour Act
Tags
prescriptionresignationarrear salariesarbitration appeal
legislation
Statutes Cited
- Labour Act
- Labour Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent's claim for arrear salaries had prescribed under section 94(1) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Claims date to January 2012, brought to Labour Officer January 2015"}
- {"issue_text":"Whether the arbitrator erred in finding mutual agreement to postpone resignation","issue_type":"factual","dispositive":"yes","related_facts":"Respondent resigned February 2014, arbitrator found postponement agreement"}
- {"issue_text":"Whether salaries were owed after date of resignation","issue_type":"law","dispositive":"yes","related_facts":"Resignation February 2014, salaries awarded to date of award"}
- {"issue_text":"Whether calculation of award amount was mathematically correct","issue_type":"factual","dispositive":"no","related_facts":"Award of USD 58,628.40 at USD 1,465.71 per month"}
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background
Facts of the Case
Background
The respondent employee claimed arrear salaries from 2012. The appellant employer alleged the claim had prescribed and that respondent had resigned in February 2014. The arbitrator found in favour of respondent, awarding substantial arrear salaries.
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