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Labour Court

SMC Limited v Ketina Zembe

[2013] ZWLC 218

Case Details

Court
Labour Court
Date
3 June 2013
Citation
[2013] ZWLC 218
Judgment No.
LC/H/218/13
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawUnfair dismissalArbitration awards
Keywords
unfair terminationarbitrationback paydamagesreinstatement
Tags
arbitration awardunfair terminationdamagesback pay
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator had jurisdiction to entertain the matter","issue_type":"procedural","dispositive":"no","related_facts":"Reference to arbitration was allegedly fatally flawed"}
  • {"issue_text":"Whether an employee is entitled to both back pay and damages for unfair dismissal","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator awarded both back pay and damages"}
  • {"issue_text":"Whether the 18-month period for damages was reasonable","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claimed 60 months, appellant argued 6 months"}
  • {"issue_text":"Whether US$976 was the appropriate salary rate for calculations","issue_type":"fact","dispositive":"yes","related_facts":"No proof provided by appellant of correct rate"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The appellant appealed against an arbitration award that ordered payment of US$28,783.00 as damages for unfair termination. The arbitrator had awarded both back pay for 19 months and damages for loss of employment for 18 months based on a monthly salary of US$976.
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