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Labour Court
Surface Investments (Private) Limited v Johannes Chidzambwa & Anor
[2013] ZWLC 298
Case Details
Court
Labour Court
Date
16 May 2013
Citation
[2013] ZWLC 298
Judgment No.
LC/H/298/13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawArbitrationDisciplinary proceedings
Keywords
Arbitration awardReinstatementJurisdictional errorPenalty substitutionConsistency principle
Tags
Arbitration award appealJurisdictionPenalty interferenceConsistency in disciplinary action
legislation
Statutes Cited
- Labour Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in law by determining a matter without jurisdiction","issue_type":"procedural","dispositive":"no","related_facts":"Arbitration proceedings and appeal"}
- {"issue_text":"Whether the arbitrator erred by interfering with the penalty imposed by the appellant","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator's findings on evidence and consistency in penalties"}
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background
Facts of the Case
Background
The appellant employer dismissed two employees (respondents) for misconduct. An arbitrator found the employer failed to prove the charges and ordered reinstatement. The employer appealed on jurisdictional grounds and alleged interference with penalty discretion.
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