Borrowdale Critical Care (Private) Limited v Mufaro Bizabani and FV Marovanyika

[2024] ZWLC 303

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Case Details

Court

Labour Court

Date

17 July 2024

Citation

[2024] ZWLC 303

Judgment No.

LC/H/303/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour LawEmployment Law

Keywords

constructive dismissalcontract forgerydamages mitigationsalary reduction

Key Issues

{"issue_text":"Whether the arbitrator properly assessed evidence on constructive dismissal, particularly the onus of proof and documents tendered","issue_type":"mixed","dispositive":"yes","related_facts":"Contract authenticity dispute, salary reduction, employer conduct"}
{"issue_text":"Whether the arbitrator correctly awarded damages in the absence of evidence","issue_type":"law","dispositive":"yes","related_facts":"Contract clause 7.3, lack of mitigation evidence"}

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background

Facts of the Case

Background

The appellant employer appealed against an arbitrator's award that found the 1st respondent employee had been constructively dismissed. The employer had reduced the employee's salary and allowances, alleging his employment contract was forged, and subjected him to re-interviews while delegating his duties to subordinates and changing his office locks.

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