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All Cases/Labour Court/2016

Labour Court

Pioneer Transport (Private) Limited v Elizabeth Ana Da Silva

[2016] ZWLC 29

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Case Details

Court

Labour Court

Date

22 January 2016

Citation

[2016] ZWLC 29

Judgment No.

LC/H/29/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L F Kudya J

Full Bench

L F Kudya J

Areas of Law

Labour LawEmployment LawUnfair Dismissal

Keywords

termination on noticedismissaldisciplinary hearingarbitrationperformance issues

Key Issues

{"issue_text":"Whether the arbitrator erred in holding that the employer could not terminate contract on notice where termination was premised on alleged underperformance","issue_type":"mixed","dispositive":"yes","related_facts":"Termination on notice based on performance concerns, no disciplinary process conducted"}
{"issue_text":"Whether the finding that respondent was dismissed was a misdirection given that dismissal requires disciplinary process","issue_type":"law","dispositive":"yes","related_facts":"Termination characterized as dismissal despite no disciplinary hearing"}
{"issue_text":"Whether the arbitrator erred in holding that termination must be per Code of Conduct where performance issues exist","issue_type":"law","dispositive":"yes","related_facts":"Performance concerns raised, Code of Conduct not invoked"}

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background

Facts of the Case

Background

The respondent, employed as finance director, had her services terminated on notice by the appellant following discussions about her incompetency. She approached arbitration which ruled the dismissal irregular as it was premised on unsatisfactory performance without disciplinary process. The appellant appealed against this arbitral award.

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