Overnight Express (Private) Limited v Albert Rwizi

[2014] ZWLC 628

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Case Details

Court

Labour Court

Date

26 September 2014

Citation

[2014] ZWLC 628

Judgment No.

LC/H/628/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Labour lawEmployment law

Keywords

unfair dismissalreinstatementgross misdirectionbreach of trustdisciplinary proceedings

Key Issues

{"issue_text":"Whether the arbitrator grossly misdirected himself by finding the dismissal unfair when the misconduct went to the root of the employment contract","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's breach of cash handling procedures, financial prejudice, breach of trust"}
{"issue_text":"Whether failure to produce written contract of employment was fatal to the dismissal","issue_type":"law","dispositive":"no","related_facts":"Appellant failed to produce written contract, arbitrator found this fatal"}

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background

Facts of the Case

Background

The appellant employer appealed against an arbitral award that found the respondent employee had been unfairly dismissed. The employee, a debt collector, was dismissed for flouting company cash handling procedures resulting in financial prejudice. The arbitrator ruled the dismissal unfair and ordered reinstatement or compensation.

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