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Labour Court

Tonderai Nyapokoto v Shereni Transport (PVT) LTD & 2 Ors

JUDGMENT NO. LC/H/345/25

Case Details

Court
Labour Court
Date
16 September 2025
Citation
JUDGMENT NO. LC/H/345/25
Neutral Citation
[2025] ZWLC 345
Judgment No.
LC/H/345/25
Outcome
unknown
Case Type
Appeal and Review

Bench

Presiding
Mr. Justice L.M. Murasi
Author
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour LawArbitration Law
Keywords
Terminal BenefitsArbitrator ReplacementWritten SubmissionsBoard Resolution
Tags
Constructive DismissalArbitrationReview
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the preliminary point regarding the validity of the Board Resolution should be upheld.","issue_type":"procedural","dispositive":"no","related_facts":"Validity of the Board Resolution identifying parties and proceedings."}
  • {"issue_text":"Whether the replacement arbitrator had authority to issue an award for proceedings he had not presided over.","issue_type":"law","dispositive":"yes","related_facts":"Death of Arbitrator C. Moyo; replacement by C.V Chinembiri; written submissions."}
  • {"issue_text":"Whether the Arbitrator erred in ordering payment of outstanding terminal benefits despite finding that the appellant's contract had not been unfairly terminated.","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's finding on unfair termination vs. award of terminal benefits."}
  • {"issue_text":"Whether the grounds of appeal were concise and precise.","issue_type":"procedural","dispositive":"yes","related_facts":"The grounds of appeal listed in the notice of appeal."}
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background
Facts of the Case

Background

The appellant/applicant was employed by the first respondent as an international driver. Following a dispute regarding insufficient book-outs, he was ordered to surrender keys and leave, which he claims constituted unfair dismissal. The initial arbitrator died after receiving written submissions. A replacement arbitrator issued a determination without oral hearings, leading to this combined review and appeal application.
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