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Labour Court

SHEIBY MAPONGA v ISB SECURITIES

JUDGMENT NO. LC/H/182/2013

Case Details

Court
Labour Court
Date
5 March 2013
Citation
JUDGMENT NO. LC/H/182/2013
Neutral Citation
[2013] ZWLC 182
Judgment No.
LC/H/182/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
The Honourable L. Matanda-Moyo, President
Author
MATANDA-MOYO, L.
Full Bench
The Honourable L. Matanda-Moyo, President
Areas of Law
Labour LawSecurities RegulationEmployment Law
Keywords
Unfair dismissalCertificate of settlementMember's rulesAgent vs memberSecurities dealer
Tags
Employment disputeSecurities industryAgent vs member status
legislation
Statutes Cited
  • Labour Act
  • Securities (Registration, Licensing and Corporate Governance) Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Arbitrator erred in holding that the Certificate of Settlement dated 19 October 2010 was fully complied with despite evidence to the contrary","issue_type":"mixed","dispositive":"no","related_facts":"Certificate of Settlement terms and compliance"}
  • {"issue_text":"Whether the Arbitrator erred at law in holding that the Appellant was bound by the member's rules yet the Appellant was a dealer (agent) of the member","issue_type":"law","dispositive":"no","related_facts":"Appellant's status as agent vs member, Securities Act licensing"}
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background
Facts of the Case

Background

The appellant was employed as an agent/dealer by the respondent. He was suspended on 25 October 2010 and dismissed after a disciplinary hearing. The matter was referred for conciliation, resulting in a settlement agreement, but the arbitrator confirmed the dismissal. The appellant appealed on grounds that the arbitrator erred in finding the settlement was complied with and that he was bound by member's rules.
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