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Labour Court

Mettallon Gold Zimbabwe (Pvt) Ltd v Godfrey Fore

[2016] ZWLC 402

Case Details

Court
Labour Court
Date
23 June 2016
Citation
[2016] ZWLC 402
Judgment No.
LC/H/402/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E. Muchawa
Full Bench
E. Muchawa
Areas of Law
Labour LawEmployment BenefitsPrescription
Keywords
prescriptionlabour disputepension enhancementtravel allowanceleave bonusunremitted pension
Tags
arbitral awardprescriptionemployment benefitspension contributions
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether claims for pension enhancement and travel allowances older than two years had prescribed under section 94 of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Claims outstanding since 2006, complaint made June 2015"}
  • {"issue_text":"Whether travel allowance was payable without proof of travel and approval by Group Chairman","issue_type":"mixed","dispositive":"no","related_facts":"Policy required approval, respondent claimed entitlement"}
  • {"issue_text":"Whether pension enhancement benefit could be unilaterally withdrawn by employer","issue_type":"law","dispositive":"no","related_facts":"Benefit introduced 2007, allegedly withdrawn 2013"}
  • {"issue_text":"Whether unremitted pension contributions were payable to employee or pension fund","issue_type":"law","dispositive":"no","related_facts":"Contributions deducted but not remitted to MIPF"}
  • {"issue_text":"Whether leave bonus calculation was correct","issue_type":"mixed","dispositive":"no","related_facts":"Arbitrator awarded $17,039.44, appellant claimed $7,146.70"}
  • {"issue_text":"Whether Mining Tender Board should determine motor vehicle purchase price","issue_type":"law","dispositive":"no","related_facts":"Policy gave Board discretion, parties disputed method"}
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background
Facts of the Case

Background

The respondent, employed as finance manager since 2004, claimed outstanding salaries and benefits from 2006. After conciliation failed, arbitration awarded various benefits. The appellant appealed on grounds including prescription, travel allowance, pension enhancement, unremitted pension, leave bonus and motor vehicle purchase terms.
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