Balm of Hope Surgery v Rosemary Moffat

[2025] ZWLC 381

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Case Details

Court

Labour Court

Date

14 October 2025

Citation

[2025] ZWLC 381

Judgment No.

LC/H/381/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour LawEmployment LawArbitration

Keywords

probationdeed of settlementarbitration awardunfair dismissalrescission

Key Issues

{"issue_text":"Whether the Deed of Settlement was validly concluded with appellant's authority","issue_type":"mixed","dispositive":"yes","related_facts":"Deed of Settlement signed before arbitrator; appellant claims no authority given"}
{"issue_text":"Whether the respondent was on probation at time of dismissal","issue_type":"mixed","dispositive":"yes","related_facts":"No written probation agreement; appellant claims probationary employment"}
{"issue_text":"Whether the arbitrator's decision was so unreasonable as to justify interference","issue_type":"law","dispositive":"yes","related_facts":"All factual circumstances leading to arbitration award"}

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background

Facts of the Case

Background

The appellant employed the respondent as a nurse aid in December 2022 but dismissed her on 15 March 2023 claiming she was on probation. An arbitrator issued a Deed of Settlement ordering reinstatement and payment of US$6,709.25. The appellant appealed, claiming the settlement was signed without its knowledge and that the respondent was on probation.

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