Sydney Matbiri v Farmworld Hardware

[2016] ZWLC 475

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Case Details

Court

Labour Court

Date

19 August 2016

Citation

[2016] ZWLC 475

Judgment No.

LC/H/475/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

Employment LawContract Law

Keywords

overtime paymentdeed of settlementfinal settlementevidenceonus of proof

Key Issues

{"issue_text":"Whether the appeal raises any questions of law","issue_type":"procedural","dispositive":"no","related_facts":"Five grounds of appeal relate to sufficiency of evidence"}
{"issue_text":"Whether there was adequate evidence to prove appellant's overtime claim on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant produced schedule of dates/times; no approval evidence; no attendance register"}
{"issue_text":"Whether the deed of settlement bars the overtime claim","issue_type":"law","dispositive":"yes","related_facts":"Clause states \"in full and final settlement\""}

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background

Facts of the Case

Background

The appellant, formerly employed as a supervisor by respondent, claimed overtime payment after mutual termination of employment contract. The claim was made after signing a deed of settlement in full and final settlement on 4 November 2014. The arbitrator dismissed the claim for lack of proof.

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