Zimbabwe Institute of Management v Roderick Nhamo Kadungure

Key Issues

• {"issue_text":"Whether the court a quo erred at law in holding that the defence of lis pendens was not available to the appellant","issue_type":"procedural","dispositive":"no","related_facts":"Whether the matter was pending before another arbitrator when the award was made"}
• {"issue_text":"Whether the court a quo erred in failing to find that the respondent had waived his rights to claim damages for constructive dismissal","issue_type":"mixed","dispositive":"no","related_facts":"Whether demand and acceptance of terminal benefits constituted waiver"}
• {"issue_text":"Whether the court a quo erred in upholding the finding by the arbitrator that the respondent had been constructively dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Whether the appellant's conduct made continued employment intolerable"}
• {"issue_text":"Whether the appeal raises a question of law as required by section 92F of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Nature of grounds of appeal"}

Background