Rainbow Tourism Group v Ester Knife

LC/H/679/14

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Case Details

Court

Labour Court

Date

10 October 2014

Citation

LC/H/679/14

Neutral Citation

[2014] ZWLC 679

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P Muzofa

Full Bench

P Muzofa

Areas of Law

Labour lawConstructive dismissalAppeal procedure

Keywords

constructive dismissalarbitral awardsection 98(10) Labour Actgross misdirection

Key Issues

{"issue_text":"Whether grounds of appeal 1-4 raise questions of law as contemplated by section 98(10) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"The grounds of appeal relate to findings of constructive dismissal which is a question of fact"}
{"issue_text":"Whether grounds of appeal 2 and 3 were abandoned due to inadequate heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant failed to properly elaborate these grounds in heads of argument"}
{"issue_text":"Whether ground of appeal 5 raises a question of law regarding gross misdirection on facts","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant alleged gross misdirection in finding of constructive dismissal"}

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Facts of the Case

Background

The appellant appealed against an arbitral award that found the respondent had been constructively dismissed and awarded damages in lieu of reinstatement. The court considered preliminary issues regarding whether the grounds of appeal raised questions of law and whether they were properly before the court.

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