Brighton Chikwanha N O v Gibbs Gibson Jumbi and Hwange Coal Gasification Company (Pvt) Ltd

[2016] ZWLC 786

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Case Details

Court

Labour Court

Date

16 December 2016

Citation

[2016] ZWLC 786

Judgment No.

LC/H/786/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

Murasi J

Full Bench

Murasi J

Areas of Law

Labour LawEmployment ContractsDisciplinary Law

Keywords

wilful disobediencelawful orderemployment contractunilateral variationpermanent employment

Key Issues

{"issue_text":"Was the applicant correct in determining that there was wilful disobedience to a lawful order?","issue_type":"mixed","dispositive":"yes","related_facts":"Employee refused to sign contract immediately; Employee requested legal consultation time"}

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background

Facts of the Case

Background

The 1st respondent was employed by the 2nd respondent since 2010 without a written contract. In 2013, the employer presented a fixed-term contract and demanded immediate signature. When the employee requested time to consult legal practitioners, he was suspended for wilful disobedience and subsequently dismissed. The applicant (arbitrator) ruled the dismissal was proper and sought confirmation of this ruling.

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