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Labour Court

Wise Owl Learning Centre v Fungai Molai

JUDGMENT NO LC/H/327/2016

Case Details

Court
Labour Court
Date
13 May 2016
Citation
JUDGMENT NO LC/H/327/2016
Neutral Citation
[2016] ZWLC 327
Judgment No.
LC/H/327/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E T Muchawa
Full Bench
E T Muchawa
Areas of Law
Employment LawLabour Law
Keywords
unfair dismissalterminal benefitstransport allowanceovertimecode of conduct
Tags
arbitral awardappealjurisdiction
legislation
Statutes Cited
  • Labour Act
  • National Employment Council for the Welfare and Educational Institutions Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in classifying the appellant under independent schools instead of Government aided school","issue_type":"law","dispositive":"no","related_facts":"Appellant's registration status"}
  • {"issue_text":"Whether the arbitrator erred in awarding cash-in-lieu of leave when appellant paid full salary over holidays","issue_type":"law","dispositive":"no","related_facts":"Holiday pay practice"}
  • {"issue_text":"Whether the arbitrator erred in ruling that appellant used wrong code (SI 15/2006 instead of NEC code)","issue_type":"law","dispositive":"yes","related_facts":"Applicable code of conduct"}
  • {"issue_text":"Whether the arbitrator erred in awarding transport allowance when transport was provided","issue_type":"law","dispositive":"no","related_facts":"Provision of transport"}
  • {"issue_text":"Whether the arbitrator had jurisdiction over the matter","issue_type":"procedural","dispositive":"no","related_facts":"NECWEI jurisdiction"}
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background
Facts of the Case

Background

The respondent was employed by the appellant as an infant teacher in 2012. She was dismissed in May 2013 following disciplinary proceedings. The matter went to arbitration where the arbitrator found in favor of the respondent, awarding terminal benefits and ordering reinstatement. The appellant appealed this decision.
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