Sirtech Investments v Clement Manika

[2014] ZWLC 664

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Case Details

Court

Labour Court

Date

10 October 2014

Citation

[2014] ZWLC 664

Judgment No.

LC/H/664/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour lawEmployment contractsUnfair dismissal

Keywords

absenteeismno work no payrepudiationback-payarbitration award

Key Issues

{"issue_text":"Whether employer was liable to pay wages during period employee was not reporting for duty","issue_type":"mixed","dispositive":"yes","related_facts":"Employee instructed not to report; no disciplinary action taken"}
{"issue_text":"Whether principle of \"no work no pay\" applies where employer fails to follow termination procedures","issue_type":"law","dispositive":"yes","related_facts":"No disciplinary hearing conducted; contract not lawfully terminated"}
{"issue_text":"Whether employee's absenteeism constituted repudiation of contract","issue_type":"law","dispositive":"no","related_facts":"Employee ceased reporting; obtained alternative employment"}

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background

Facts of the Case

Background

Respondent employee alleged he was instructed not to report for duty from January 2009, later obtained employment elsewhere in September 2009, and successfully claimed back-pay through arbitration for the intervening period.

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