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Labour Court

Dorman Mabara v Zimbabwe Electricity Transmission and Distribution Company (Private) Limited

LC/H/227/14

Case Details

Court
Labour Court
Date
11 April 2014
Citation
LC/H/227/14
Neutral Citation
[2014] ZWLC 227
Outcome
unknown
Case Type
Application

Bench

Presiding
G. Mhuri
Full Bench
G. Mhuri
Areas of Law
Labour lawUnfair dismissal
Keywords
reinstatementdamagesarbitratorgross misdirection
Tags
leave to appealreinstatementdamages
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has prospects of success on appeal to the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"The appeal raises questions of law but the court must consider prospects of success"}
  • {"issue_text":"Whether the Labour Court erred in not ordering damages as an alternative to reinstatement","issue_type":"law","dispositive":"no","related_facts":"The law requires court to order alternative of payment of damages when ordering reinstatement"}
  • {"issue_text":"Whether the Labour Court went beyond the record in reviewing the arbitrator's factual findings","issue_type":"law","dispositive":"no","related_facts":"The court considered whether arbitrator grossly misdirected himself based on medical evidence"}
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background
Facts of the Case

Background

The applicant sought leave to appeal to the Supreme Court against a Labour Court judgment that had allowed an appeal against an arbitral award in his favour. The Labour Court had overturned the arbitrator's decision which had ruled in favour of the applicant regarding his dismissal.
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