Flamelily Hospitality (Private) Limited v Inviolata Zinyimo & Another

[2016] ZWLC 376

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Case Details

Court

Labour Court

Date

10 June 2016

Citation

[2016] ZWLC 376

Judgment No.

LC/H/376/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour lawEmployment law

Keywords

notice paydisciplinary terminationarbitration awardrepudiation of contract

Key Issues

{"issue_text":"Whether employees dismissed for misconduct through disciplinary process are entitled to notice pay","issue_type":"law","dispositive":"yes","related_facts":"Appellant terminated employment through disciplinary process and withheld notice pay"}
{"issue_text":"Whether respondents repudiated their contracts by failing to return to work","issue_type":"mixed","dispositive":"no","related_facts":"Appellant's argument that respondents refused to return to work after suspension"}

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Facts of the Case

Background

The appellant dismissed the respondents for misconduct following a disciplinary hearing and withheld their notice pay. The arbitrator ruled that employees dismissed for misconduct are entitled to their terminal benefits up to the date of dismissal. The appellant appealed, arguing the respondents had repudiated their contracts by failing to return to work.

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