Dohne Construction Company v Luckmore Siyawadya

LC/H/717/2016

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Case Details

Court

Labour Court

Date

18 November 2016

Citation

LC/H/717/2016

Neutral Citation

[2016] ZWLC 717

Outcome

unknown

Case Type

Application

Bench

Presiding

Maxwell J

Full Bench

Maxwell J

Areas of Law

Labour LawAppellate Procedure

Keywords

Unfair dismissalRepudiation of contractLeave to appealArbitration awardReinstatement

Key Issues

{"issue_text":"Whether the Labour Court erred in finding that the respondent did not repudiate his contract of employment.","issue_type":"law","dispositive":"yes","related_facts":"Respondent’s absence from March 2013; return in June 2013; termination on 6 June 2013"}
{"issue_text":"Whether the Labour Court erred in refusing to interfere with the arbitrator’s discretion to order reinstatement without loss of salary and benefits.","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator’s award; lack of argument on this point in current application"}

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Facts of the Case

Background

The respondent was employed as a site quantity surveyor in February 2012 and allegedly stopped reporting for work in March 2013, only returning in June 2013 to demand salary. The applicant terminated his contract on 6 June 2013, alleging repudiation. A dispute over unpaid wages and unfair dismissal was referred to arbitration, where the arbitrator ruled for the respondent. The applicant appealed to the Labour Court, which dismissed the appeal. The applicant now seeks leave to appeal to the Supreme Court.

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