Zimbabwe Benefit Foundation v Unknown

JUDGMENT NO. LC/H/59/16

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Case Details

Court

Labour Court

Date

11 May 2016

Citation

JUDGMENT NO. LC/H/59/16

Neutral Citation

[2016] ZWLC 59

Judgment No.

LC/H/59/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

UNKNOWN

Author

None

Full Bench

UNKNOWN

Areas of Law

Labour LawContract Law

Keywords

Arbitral AwardMisdirection on FactsQuestion of LawConsultancy vs Employment

Key Issues

{"issue_text":"Whether the Arbitrator committed a gross misdirection on the facts amounting to a misdirection in law","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator awarding 2.5 years salary without evidentiary basis"}
{"issue_text":"Whether the respondent was a full-time employee or a Consultant","issue_type":"fact","dispositive":"yes","related_facts":"Nature of relationship under consultancy agreement"}
{"issue_text":"Whether the appeal was properly before the Court","issue_type":"procedural","dispositive":"no","related_facts":"Point in limine raised by respondent"}

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background

Facts of the Case

Background

The respondent was engaged by the appellant as a Consultant under a consultancy agreement. The consultancy agreement was terminated in July 2013. The respondent claimed unlawful dismissal and non-payment of terminal benefits and salaries, alleging he was a full-time employee. The Arbitrator found in favor of the respondent and ordered the appellant to pay US$17,605.50 for 2.5 years. The appellant appealed, arguing gross misdirection on the facts.

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