Suncrest Chickens (Pvt) Ltd v Nicholas Murinyu

Key Issues

• {"issue_text":"Whether the arbitrator properly considered mitigatory factors regarding market conditions and operational losses","issue_type":"mixed","dispositive":"no","related_facts":"Appellant's financial difficulties"}
• {"issue_text":"Whether the NEC Code of Conduct applied to a managerial employee","issue_type":"law","dispositive":"no","related_facts":"Respondent's employment status"}
• {"issue_text":"Whether the arbitrator should have established a reasonable period for finding alternative employment","issue_type":"law","dispositive":"no","related_facts":"Quantum of damages"}
• {"issue_text":"Whether payment should be in Zimbabwe Dollars as at dismissal date","issue_type":"law","dispositive":"no","related_facts":"Currency at time of dismissal"}
• {"issue_text":"Whether bonus award for December 2009 was proper","issue_type":"fact","dispositive":"no","related_facts":"No bonuses paid during that period"}
• {"issue_text":"Whether gratuity was payable to managerial employee","issue_type":"law","dispositive":"no","related_facts":"Respondent's managerial status"}
• {"issue_text":"Whether court can determine issues based on documents not before arbitrator","issue_type":"procedural","dispositive":"yes","related_facts":"Documents not subjected to cross-examination"}

Background