Wesley Zunga v Diamond Mining Corporation

Key Issues

• {"issue_text":"Whether the applicant was on a fixed-term contract or a contract without limit of time","issue_type":"fact","dispositive":"yes","related_facts":"Nature of contract, failure to produce contract document"}
• {"issue_text":"What is the correct quantification of back pay","issue_type":"fact","dispositive":"yes","related_facts":"Dismissal date, reinstatement date, salary amount"}
• {"issue_text":"Whether the applicant is entitled to cash in lieu of leave","issue_type":"law","dispositive":"yes","related_facts":"Claim for 2 months leave pay"}
• {"issue_text":"Whether the applicant is entitled to cash in lieu of notice","issue_type":"law","dispositive":"yes","related_facts":"Applicability of Section 12(4)(a) of the Labour Act"}
• {"issue_text":"Whether the applicant is entitled to damages in lieu of reinstatement","issue_type":"law","dispositive":"yes","related_facts":"Applicant's failure to find alternative employment"}
• {"issue_text":"Whether the applicant is entitled to annual bonus","issue_type":"law","dispositive":"yes","related_facts":"Claim for 2013 and 2014 bonuses"}

Background