Biriiri Primary School SDC v Sarah Donono & 2 Ors

[2016] ZWLC 15

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Case Details

Court

Labour Court

Date

8 July 2016

Citation

[2016] ZWLC 15

Judgment No.

LC/MC/15/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L M Murasi J

Full Bench

L M Murasi J

Areas of Law

Labour lawArbitration

Keywords

Terminal benefitsArbitral awardQuantificationJurisdictionGross unreasonableness

Key Issues

{"issue_text":"Whether the arbitrator lacked jurisdiction to deal with the matter","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator presided over initial award and quantification proceedings"}
{"issue_text":"Whether the arbitrator erred by giving an award in excess of what respondents claimed","issue_type":"law","dispositive":"no","related_facts":"Respondents claimed notice pay, outstanding wages, gratuity, service pay, severance and relocation"}
{"issue_text":"Whether the arbitrator's award was grossly unreasonable","issue_type":"fact","dispositive":"yes","related_facts":"Arbitrator used Collective Bargaining Agreement salary scale as yardstick"}

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background

Facts of the Case

Background

The appellant school appealed against an arbitral award that ordered it to pay terminal benefits to three former employees. The arbitrator had ruled the school should pay US$10,868-00 to each respondent as terminal benefits including notice pay, outstanding wages, service pay and severance.

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