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Labour Court
Carnaud Metal Box v Darlington Mubarwi
[2014] ZWLC 12
Case Details
Court
Labour Court
Date
14 February 2014
Citation
[2014] ZWLC 12
Judgment No.
LC/H/12/2014
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Chidziva J
Full Bench
Chidziva J
Areas of Law
Labour lawRetrenchment benefits
Keywords
LTD factorsretrenchment packagearbitral awardbackdated salaries
Tags
retrenchment packageLTD factorsarbitral award appeal
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator misdirected himself on a point of law by ordering recalculation using LTD factors when they were not applicable at retrenchment time","issue_type":"law","dispositive":"yes","related_facts":"Retrenchment approved May 2009, LTD factors in issue during employment"}
- {"issue_text":"Whether the arbitrator exceeded jurisdiction by effectively reviewing the retrenchment package","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator ordered recalculation of package"}
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background
Facts of the Case
Background
The appellant company retrenched the respondent employee in May 2009. An arbitrator ordered recalculation of the retrenchment package using LTD factors. The appellant appealed, arguing LTD factors were not applicable at the time of retrenchment and the arbitrator exceeded jurisdiction.
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