Michael Dzikiti v F & G Sports and Night Club

[2014] ZWLC 800

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Case Details

Court

Labour Court

Date

5 December 2014

Citation

[2014] ZWLC 800

Judgment No.

LC/H/800/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour LawUnfair DismissalArbitration

Keywords

reinstatementback-paydamageswrongful dismissalarbitrator error

Key Issues

{"issue_text":"Whether arbitrator erred in refusing to order reinstatement when appellant specifically prayed for it","issue_type":"law","dispositive":"yes","related_facts":"Appellant prayed for reinstatement; arbitrator acknowledged but awarded damages instead"}
{"issue_text":"Whether arbitrator erred in mixing concepts of back-pay and damages and using wrong cut-off date","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator limited back-pay to date when appellant could have found alternative employment"}
{"issue_text":"Whether arbitrator erred in using NEC gazetted salary without evidence instead of parties' figures","issue_type":"fact/law","dispositive":"yes","related_facts":"No evidence led on actual salary; arbitrator chose lowest figure without reasons"}

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Facts of the Case

Background

Appellant, employed as a waiter for 8 days, was dismissed and pursued arbitration. After an initial award was set aside, a second arbitration found in his favour but denied reinstatement and miscalculated damages, prompting this appeal.

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