SKYHAVEN GUEST HOUSE v DEARY MWAIMBOTI

JUDGEMENT NO. LC/H/369/25

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Case Details

Court

Labour Court

Date

6 October 2025

Citation

JUDGEMENT NO. LC/H/369/25

Neutral Citation

[2025] ZWLC 369

Judgment No.

LC/H/369/25

Outcome

unknown

Case Type

Appeal, Cross-Appeal

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Labour LawEmployment RightsArbitration Law

Keywords

Unfair dismissalEmployment contractWage underpaymentCash in lieu of leaveArbitral awardDisciplinary proceedings

Key Issues

{"issue_text":"Whether arbitrator was wrong to conclude that employee was unfairly dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Employee injury, no disciplinary hearing, employer engagement of replacement"}
{"issue_text":"Whether arbitrator erred by ordering payment of cash in lieu of leave when not part of terms of reference","issue_type":"procedural","dispositive":"yes","related_facts":"LR 4 and LR 5 forms, terms of reference confusion"}
{"issue_text":"Whether arbitrator erred by dismissing claim for underpayment despite finding employee was supervisor","issue_type":"law","dispositive":"yes","related_facts":"Employee paid USD 180, minimum supervisor salary USD 228, 10 months underpayment"}

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background

Facts of the Case

Background

The employee was employed by the employer in a contentious position designation (house maid/receptionist vs supervisor). The employee was injured and could not attend work duties. The employer alleged the employee repudiated the contract by staying away from work and engaged a replacement. The employee alleged unfair dismissal without a hearing. The arbitrator found unfair dismissal but dismissed claims for wage arrears and underpayment, awarding cash in lieu of 28 days leave.

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