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Labour Court

City of Harare v LC/H/343/12

[2020] ZWLC 3

Case Details

Court
Labour Court
Date
4 February 2020
Citation
[2020] ZWLC 3
Judgment No.
LC/H/3/2020
Outcome
unknown
Case Type
Cross-Appeal

Bench

Presiding
UNKNOWN
Author
None
Full Bench
UNKNOWN
Areas of Law
Labour lawEmployment law
Keywords
absenteeismsick leavemedical certificatetraditional healerdismissalarbitration
Tags
absenteeismsick leavemedical certificatetraditional healer
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in ordering payment for January-December 2010 when employee was already paid for June-December 2010","issue_type":"law","dispositive":"no","related_facts":"Employee paid for 2010-06-12 to 2011-01-21"}
  • {"issue_text":"Whether the disciplinary committee was properly constituted","issue_type":"law","dispositive":"no","related_facts":"Workers committee representatives served on committee after representing employee in conciliation"}
  • {"issue_text":"Whether traditional healer certificate qualifies as medical certificate under section 14 of Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Certificate from South African traditional healer submitted"}
  • {"issue_text":"Whether 16-month absence was reasonable","issue_type":"mixed","dispositive":"yes","related_facts":"Employee claimed mental illness"}
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background
Facts of the Case

Background

Employee was dismissed for absenteeism from February 2009 to June 2010. She claimed mental illness and treatment by traditional healer. Arbitrator confirmed dismissal but ordered payment for January-December 2010. Both parties appealed.
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