Dominico Mark v TM Pick n' Pay Supermarkets

[2025] ZWLC 350

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Case Details

Court

Labour Court

Date

23 September 2025

Citation

[2025] ZWLC 350

Judgment No.

LC/H/350/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Jaravani J

Full Bench

Jaravani J

Areas of Law

Labour LawEmployment LawStatutory Interpretation

Keywords

absenteeismoff-daycollective bargaining agreementstatutory instrument 45 of 1993commercial sectors

Key Issues

{"issue_text":"Whether an employee who is absent from duty without reasonable excuse is entitled to an off-day which accrues during the period of unauthorized absence?","issue_type":"law","dispositive":"yes","related_facts":"Appellant absent 20-26 January 2024; claimed 25 January was off-day"}

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background

Facts of the Case

Background

The appellant was absent from work from 20 to 26 January 2024 without obtaining recognized leave. He claimed 25 January 2024 was his off-day, reducing his absence to six working days. The arbitrator found he was not entitled to an off-day since he had not worked continuously for six days, and dismissed him for absenteeism under Group IV of the Code of Conduct.

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