Innscor Appliance Manufacturing v Luckmore Dambe

[2013] ZWLC 420

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Case Details

Court

Labour Court

Date

6 July 2013

Citation

[2013] ZWLC 420

Judgment No.

LC/H/420/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawEmployment contracts

Keywords

unfair transferarbitral awardterms and conditionsback-pay

Key Issues

{"issue_text":"Whether the employee was unfairly transferred","issue_type":"mixed","dispositive":"yes","related_facts":"Transfer from Quality Assurance Supervisor to Junior Customer Consultant; department closure; signed transfer letter"}
{"issue_text":"Whether the employee is entitled to back-pay","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's finding of unfair transfer"}
{"issue_text":"Whether the employee is being paid inappropriate salaries","issue_type":"law","dispositive":"no","related_facts":"Transfer maintaining same salary"}

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background

Facts of the Case

Background

The respondent employee was transferred from Quality Assurance Supervisor to Junior Customer Consultant when his department was shut down. The appellant employer and respondent signed a transfer letter maintaining his salary and conditions. The respondent later complained to the Ministry of Labour, leading to arbitration that found the transfer unfair and ordered back-pay.

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