Donavan Mitchell v Zimbabwe Spring Stell (Pvt) Ltd

LC/H/222/14

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Case Details

Court

Labour Court

Date

10 September 2014

Citation

LC/H/222/14

Neutral Citation

[2014] ZWLC 222

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour LawEmployment Law

Keywords

reinstatementrepudiationarbitratordismissalalternative employment

Key Issues

{"issue_text":"Whether the grounds of appeal raised questions of law rather than fact","issue_type":"procedural","dispositive":"yes","related_facts":"The appellant raised grounds challenging the arbitrator's findings on repudiation and damages calculation"}
{"issue_text":"Whether the appellant repudiated the contract by refusing reinstatement","issue_type":"mixed","dispositive":"no","related_facts":"The appellant refused reinstatement offer after unlawful dismissal"}
{"issue_text":"Whether the arbitrator erred in calculating damages from date of reinstatement offer rather than date of dismissal","issue_type":"law","dispositive":"no","related_facts":"The arbitrator awarded damages from reinstatement offer date to alternative employment date"}

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Facts of the Case

Background

The appellant was dismissed from employment and the arbitrator found that while the dismissal was unlawful due to failure to follow due process, the appellant repudiated the contract by refusing reinstatement when offered. The appellant appealed on grounds that the arbitrator erred in law.

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