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Labour Court

Todd Musekiwa v Pacific Bureau de Change

JUDGMENT NO LC/H/642/2016

Case Details

Court
Labour Court
Date
22 June 2016
Citation
JUDGMENT NO LC/H/642/2016
Neutral Citation
[2016] ZWLC 642
Judgment No.
LC/H/642/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour LawEmployment Law
Keywords
back-paypension deductionsarbitrationjurisdiction
Tags
back paypensionNSSAarbitration award
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Arbitrator erred in dismissing the claim for back-pay and holding that it had no jurisdiction to entertain the claim","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator Mateko's award did not specify back-pay entitlement; appellant claimed back-pay from April 2013 to May 2014"}
  • {"issue_text":"Whether the Arbitrator grossly erred in making findings of fact on the pension issue by referring to NSSA","issue_type":"mixed","dispositive":"yes","related_facts":"NSSA letter confirmed pension of $167-00; appellant alleged failure to remit deductions"}
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background
Facts of the Case

Background

The appellant was dismissed from his employment as Finance Manager on allegations of misappropriation of funds. An earlier arbitration award by Arbitrator J Mateko had remitted the matter for a fresh hearing and ordered payment of cash in lieu of leave. Following the fresh hearing, the appellant was dismissed in May 2014. The appellant claimed back-pay from April 2013 to May 2014 and alleged failure by the respondent to remit pension deductions to NSSA.
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