Ivy Musora v Mediterranean Shipping Company S.A. (Zimbabwe) (Pvt) Limited

[2024] ZWLC 22

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Case Details

Court

Labour Court

Date

5 June 2024

Citation

[2024] ZWLC 22

Judgment No.

LC/22/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour lawEmployment lawUnfair dismissal

Keywords

Unfair dismissalMisconductDirector authorityPrescriptionArbitration

Key Issues

{"issue_text":"Whether the arbitrator erred in finding appellant had no authority to sign vehicle disposal documents after resigning as director","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant resigned as director 30 November 2020, signed agreement 30 December 2020"}
{"issue_text":"Whether the dispute had prescribed under section 94 of Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Offence occurred November-December 2020, discovered April 2023"}
{"issue_text":"Whether arbitrator relied on audit report not placed before him","issue_type":"procedural","dispositive":"no","related_facts":"Audit conducted April 2023, arbitrator considered evidence"}

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Facts of the Case

Background

The appellant, former director and office manager, was dismissed for facilitating the disposal of a company vehicle after resigning as director. The offence was discovered during an audit in April 2023, over two years later. She appealed the arbitrator's dismissal of her unfair dismissal claim.

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