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Labour Court

Pfavaz Bottle Store v Mary Zvidzai

[2014] ZWLC 765

Case Details

Court
Labour Court
Date
30 October 2014
Citation
[2014] ZWLC 765
Judgment No.
LC/H/765/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour LawEmployment Law
Keywords
unfair dismissalverbal dismissalarbitrationburden of proofunderpayment
Tags
unfair dismissalverbal dismissalarbitration appealburden of proof
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in finding respondent was unfairly dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged verbal dismissal on 28 March 2012; memorandum dated 26 March 2012"}
  • {"issue_text":"Whether the arbitrator erred in finding respondent was underpaid","issue_type":"law","dispositive":"yes","related_facts":"Claim of underpayment from $240 to $272; lack of evidence from respondent"}
  • {"issue_text":"Whether grounds of appeal satisfy section 98(10) Labour Act requirement of point of law","issue_type":"procedural","dispositive":"no","related_facts":"Formulation of grounds of appeal"}
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background
Facts of the Case

Background

The respondent was employed as a Bar Assistant/Assistant Cashier by the appellant. She alleged verbal dismissal on 28 March 2012 over a $1300 shortage. The matter went to arbitration where the arbitrator found in her favour on both underpayment and unfair dismissal claims.
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