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Labour Court

Erickson Mvududu v Agricultural and Rural Development Authority (ARDA)

LC/H/87/14

Case Details

Court
Labour Court
Date
14 February 2014
Citation
LC/H/87/14
Neutral Citation
[2014] ZWLC 87
Outcome
unknown
Case Type
Appeal/Cross-Appeal

Bench

Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour LawEmployment Law
Keywords
unfair dismissalreinstatementdamagessalary ratepunitive damagesquantificationbackpay
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Arbitrator erred in law in holding that the only issue before him was quantification of damages","issue_type":"law","dispositive":"no","related_facts":"Respondent's letter of 4 February 2010 indicating no reinstatement"}
  • {"issue_text":"Whether the Arbitrator erred in not making determination as to date of termination where reinstatement was no longer possible","issue_type":"law","dispositive":"no","related_facts":"Effective date of termination when reinstatement not possible"}
  • {"issue_text":"Whether the Arbitrator erred in holding correct salary rate to be $1,009.00","issue_type":"fact","dispositive":"no","related_facts":"Salary rate evidence presented by both parties"}
  • {"issue_text":"Whether the Arbitrator erred in not awarding contractual benefits and entitlements","issue_type":"law","dispositive":"no","related_facts":"Claims for housing allowance, business allowance, entertainment allowance, rotation allowance, clothing allowance"}
  • {"issue_text":"Whether the Arbitrator erred in awarding punitive damages","issue_type":"law","dispositive":"yes","related_facts":"Evidence of irretrievable breakdown of employer-employee relationship"}
  • {"issue_text":"Whether the Arbitrator erred in not deducting amounts admitted to be owed","issue_type":"law","dispositive":"no","related_facts":"Claims by Respondent for amounts owed by Appellant"}
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background
Facts of the Case

Background

Employee was unlawfully dismissed, arbitrator ordered reinstatement or damages in lieu, parties failed to agree on reinstatement, arbitrator quantified damages, both parties appealed against the quantification award.
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