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Labour Court

Real Star Security (Pvt) Ltd v George Manhidza and Josphat Magora

[2024] ZWLC 24

Case Details

Court
Labour Court
Date
23 January 2025
Citation
[2024] ZWLC 24
Judgment No.
LC/H/24/25
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawUnfair dismissalArbitration
Keywords
unfair dismissalarbitrationreinstatementdamagesemployment contractsummary dismissal
Tags
unfair dismissalarbitration appealemployment terminationdamages in lieu of reinstatement
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in law by failing to determine the recusal application","issue_type":"procedural","dispositive":"no","related_facts":"Application for recusal made before arbitration hearing"}
  • {"issue_text":"Whether the arbitrator had jurisdiction over 2nd respondent's claim under s63(3a) of Labour Act","issue_type":"law","dispositive":"no","related_facts":"2nd respondent was Security Officer and non-managerial employee"}
  • {"issue_text":"Whether the arbitrator erred in finding appellant failed to follow due process in termination","issue_type":"law","dispositive":"yes","related_facts":"Appellant did not produce employment records or show disciplinary process followed"}
  • {"issue_text":"Whether the arbitrator erred in finding respondents had not abandoned employment","issue_type":"fact","dispositive":"yes","related_facts":"Evidence of respondents' absence from work"}
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background
Facts of the Case

Background

The respondents claimed unfair dismissal, non-payment of January 2024 salary and terminal benefits. The arbitrator found they were unfairly dismissed and awarded damages in lieu of reinstatement plus January salary. The appellant appealed on multiple grounds including arbitrator's alleged errors on jurisdiction, recusal, and findings on dismissal process.
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