John Chindukuro & Another v Danchip Enterprises (Pvt) Ltd

[2016] ZWLC 544

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Case Details

Court

Labour Court

Date

23 September 2016

Citation

[2016] ZWLC 544

Judgment No.

LC/H/544/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Labour lawEmployment contracts

Keywords

arbitral awardemployment gradeshopkeeper dutiesovertimeleave days

Key Issues

{"issue_text":"Did the arbitrator grossly misdirect himself on the facts resulting in a flawed award?","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator considered overtime schedule for March 2014 only"}
{"issue_text":"Did the arbitrator err by failing to comprehend contractual terms of employment agreement?","issue_type":"law","dispositive":"yes","related_facts":"Terms regarding employment grade and duties"}
{"issue_text":"Did the arbitrator err by ignoring section 125 Labour Act and section 24(1) S.I. 45/93 CBA?","issue_type":"law","dispositive":"yes","related_facts":"Employer's record-keeping obligations"}

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Facts of the Case

Background

Employees claimed they performed shopkeeper duties and should be paid at that grade level plus overtime. Arbitrator found they worked as general hands and were only entitled to outstanding leave days, with other claims offset by off-duty days given for extra hours worked.

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