Divine Homes (Private) Limited v Constance Shalom Musesengwa

LC/H/566/16

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Case Details

Court

Labour Court

Date

9 September 2016

Citation

LC/H/566/16

Neutral Citation

[2016] ZWLC 566

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawUnfair dismissalDamages quantification

Keywords

unfair dismissalmitigation of lossback payreinstatementdamagesarbitrator's award

Key Issues

{"issue_text":"Whether a dismissed employee has a duty to mitigate loss immediately upon dismissal","issue_type":"law","dispositive":"no","related_facts":"Respondent's dismissal and subsequent decline of reinstatement"}
{"issue_text":"Whether an arbitrator can quantify damages without hearing evidence on mitigation","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's calculation of back pay and benefits"}
{"issue_text":"Whether duty to mitigate applies to back pay and benefits","issue_type":"law","dispositive":"yes","related_facts":"Respondent's entitlement to back pay despite declining reinstatement"}

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background

Facts of the Case

Background

The appellant employer appealed against an arbitrator's award that ordered reinstatement of the respondent employee with back pay and benefits. The employee had been dismissed and later declined reinstatement when offered. The appellant argued the arbitrator erred in finding the employee had no duty to mitigate loss immediately upon dismissal and in quantifying damages without hearing evidence on mitigation.

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