Chitungwiza Municipality v Clever Makarange

[2016] ZWLC 549

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Case Details

Court

Labour Court

Date

9 September 2016

Citation

[2016] ZWLC 549

Judgment No.

LC/H/549/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Hove J

Full Bench

Hove J

Areas of Law

Labour LawCollective Bargaining

Keywords

gratuityworks council agreementterminal benefitsdismissalarbitration

Key Issues

{"issue_text":"Whether the arbitrator exceeded his mandate by awarding gratuity","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator's terms of reference included terminal benefits"}
{"issue_text":"Whether gratuity can be paid to dismissed employees","issue_type":"mixed","dispositive":"yes","related_facts":"Works council agreement provided gratuity on \"termination\""}
{"issue_text":"Whether the works council agreement was binding","issue_type":"law","dispositive":"yes","related_facts":"Agreement made at works council meeting"}
{"issue_text":"Whether the arbitrator erred in quantifying benefits without hearing evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Addendum issued without oral evidence"}

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Facts of the Case

Background

The respondent employee was dismissed by appellant employer. A dispute arose over terminal benefits. The arbitrator found gratuity was payable under a works council agreement. The employer appealed, arguing gratuity cannot be paid to dismissed employees and the arbitrator exceeded his mandate.

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