KSK Engineering (Private) Limited v Gilbert Matarirano

[2023] ZWLC 63

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Case Details

Court

Labour Court

Date

28 February 2023

Citation

[2023] ZWLC 63

Judgment No.

LC/H/63/2023

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Musariri J

Full Bench

Musariri J

Areas of Law

Labour lawEmployment contractsTerminal benefits calculation

Keywords

RepudiationLockdownTerminal benefitsBackpayGratuity

Key Issues

{"issue_text":"Whether the employee repudiated the contract of employment","issue_type":"mixed","dispositive":"yes","related_facts":"Employee sent home during lockdown; unclear when lockdown ended; employee claimed efforts to return were rebuffed"}
{"issue_text":"Whether the Designated Agent properly quantified the employee's terminal benefits","issue_type":"mixed","dispositive":"no","related_facts":"Dispute over monthly wage amount; no documentary evidence produced by either party"}

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background

Facts of the Case

Background

The employer KSK Engineering (Private) Limited sent the employee Gilbert Matarirano home during COVID-19 lockdown and later claimed he repudiated his contract by not returning. A Designated Agent awarded the employee US$10,416 in terminal benefits, which the employer appealed.

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