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Labour Court

University of Zimbabwe v Lovemore Madakuenda

JUDGMENT NO. LC/H/452/14

Case Details

Court
Labour Court
Date
7 July 2014
Citation
JUDGMENT NO. LC/H/452/14
Neutral Citation
[2014] ZWLC 452
Judgment No.
LC/H/452/14
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Labour LawContract Law
Keywords
Acting allowanceContractual obligationArbitral awardEmployment contract
Tags
Acting AllowanceUnfair Labour PracticeArbitration
legislation
Statutes Cited
  • Labour Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Respondent is entitled to an acting allowance in the absence of a provision in the contract of employment entitling him to such an allowance.","issue_type":"law","dispositive":"yes","related_facts":"The respondent's contract of employment does not provide for the payment of an acting allowance."}
  • {"issue_text":"Whether the conduct of the Respondent's Head of Department constituted a contract imposing rights and obligations between the Respondent and the Appellant in respect of the acting allowance.","issue_type":"law","dispositive":"yes","related_facts":"The Head of Department wrote memoranda requesting payment of an acting allowance and formal appointment."}
  • {"issue_text":"Whether the arbitrator could issue an order for payment of an acting allowance without any quantification of the same.","issue_type":"procedural","dispositive":"no","related_facts":"The arbitral award ordered payment without specifying the amount."}
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background
Facts of the Case

Background

The respondent, employed as a Senior Technician, held the post of Acting Chief Technician for five years from 2008 without being paid an acting allowance. He lodged a complaint of unfair labour practice, which led to an arbitral award in his favor. The appellant appealed, arguing there was no contractual basis for the allowance.
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