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Labour Court

Rural Electrification Agency v [Respondent]

LC/H/86/16

Case Details

Court
Labour Court
Date
19 February 2016
Citation
LC/H/86/16
Neutral Citation
[2016] ZWLC 86
Outcome
unknown
Case Type
Appeal

Bench

Presiding
UNKNOWN
Author
None
Full Bench
UNKNOWN
Areas of Law
Employment LawLabour Arbitration
Keywords
overtimefixed term contractarbitral awardburden of proof
Tags
overtime paymentarbitral awardappeal on point of law
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in finding respondent entitled to overtime payment without evidence","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found overtime owed despite appellant's evidence of payment"}
  • {"issue_text":"Whether the arbitrator misdirected himself on burden of proof","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator placed burden on appellant to produce attendance register"}
  • {"issue_text":"Whether appeal grounds raise points of law under Section 98(10)","issue_type":"procedural","dispositive":"no","related_facts":"Respondent raised point in limine"}
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background
Facts of the Case

Background

The respondent employee claimed unpaid overtime from the appellant employer after his fixed-term contract ended. The matter went to arbitration where the arbitrator found in favour of the employee and awarded $1,879.50 in overtime pay. The employer appealed, arguing the arbitrator erred in finding overtime was owed and ignoring evidence that payment had been made.
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