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Labour Court

Lakefin Marketing (Pvt) Ltd v Florence Matsveru

LC/H/605/2016

Case Details

Court
Labour Court
Date
7 October 2016
Citation
LC/H/605/2016
Neutral Citation
[2016] ZWLC 605
Outcome
unknown
Case Type
Appeal

Bench

Presiding
B.S. Chidziva
Full Bench
B.S. Chidziva
Areas of Law
Labour LawEmployment Law
Keywords
unfair dismissalmaternity leaveannual leavewage arrearsreinstatement
Tags
maternity leaveannual leavewage arrearswrongful dismissal
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Did the arbitrator err by determining unfair dismissal on the previous award instead of fresh submissions?","issue_type":"procedural","dispositive":"no","related_facts":"Matter remitted by consent for fresh determination"}
  • {"issue_text":"Was the arbitrator correct in awarding 90 days cash in lieu of annual leave?","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence of shutdown policy or contractual incorporation; section 14A(2) Labour Act"}
  • {"issue_text":"Should respondent have been paid $299.87 during maternity leave?","issue_type":"law","dispositive":"yes","related_facts":"Gazette rate for grade B1 was $299.87; she received $250"}
  • {"issue_text":"Did the arbitrator address all issues remitted by the Labour Court?","issue_type":"procedural","dispositive":"no","related_facts":"List of five issues remitted"}
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background
Facts of the Case

Background

The respondent was employed as a sales representative from May 2012. She went on maternity leave from January to April 2014, was paid $250 instead of $299.87, refused counter duties on return, was dismissed, and successfully challenged the dismissal before an arbitrator whose award the employer appealed.
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