Capital Bank v Farai Mabasha

[2014] ZWLC 835

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Case Details

Court

Labour Court

Date

19 December 2014

Citation

[2014] ZWLC 835

Judgment No.

LC/H/835/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P. Muzofa

Full Bench

P. Muzofa

Areas of Law

Labour lawEmployment lawArbitration

Keywords

JurisdictionArbitratorLabour OfficerNational CodeUnfair dismissal

Key Issues

{"issue_text":"Whether the arbitrator had jurisdiction to hear the matter","issue_type":"procedural","dispositive":"yes","related_facts":"No internal appeal structure; matter referred to Labour Officer then arbitrator"}
{"issue_text":"Whether there was adequate evidence against the respondent","issue_type":"factual","dispositive":"no","related_facts":"Disciplinary proceedings and dismissal"}
{"issue_text":"Computation of damages","issue_type":"mixed","dispositive":"no","related_facts":"Arbitral award of $221,625.00 damages"}

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background

Facts of the Case

Background

The respondent was employed by the appellant bank from 2002, rising to Executive Director in 2009. After the bank was placed under curatorship and later removed, disputes arose with the new Board. The respondent was demoted, then re-engaged as Executive Director but given performance targets which he failed to meet. After failed mutual termination negotiations, he was charged with gross incompetence under the National Code, found liable and dismissed. He referred the matter to a Labour Officer who referred it to an arbitrator who made the award now appealed.

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