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Labour Court
Rolex (Pvt) Ltd v Alice Ndhlela
[2016] ZWLC 652
Case Details
Court
Labour Court
Date
21 October 2016
Citation
[2016] ZWLC 652
Judgment No.
LC/H/652/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
R.F. Manyangadze J
Full Bench
R.F. Manyangadze J
Areas of Law
Labour LawArbitrationDamages Quantification
Keywords
unfair dismissalarbitral awarddamages for loss of employmentback paylocus standiconsultant representation
Tags
arbitral awarddamages quantificationreinstatementback paylocus standi
legislation
Statutes Cited
- Labour Act
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an arbitrator can quantify damages for loss of employment without hearing oral evidence","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator awarded 24 months damages based only on submissions"}
- {"issue_text":"Whether back pay can be awarded when reinstatement order is effective from a specific future date without retrospective provision","issue_type":"law","dispositive":"yes","related_facts":"Reinstatement from 7 November 2014, no order for back pay from earlier date"}
- {"issue_text":"Whether a labour consultant has locus standi to represent a party at arbitration","issue_type":"procedural","dispositive":"no","related_facts":"Respondent represented by consultant T Ndoro at arbitration"}
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background
Facts of the Case
Background
The appellant appealed against an arbitral award that awarded the respondent US$36,284 in damages for unfair dismissal, including 24 months damages for loss of employment and back pay for 28 months. The appellant challenged the quantification on three grounds: failure to hear evidence, improper award of back pay, and locus standi of the consultant who represented the respondent.
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