Victor T. RunganI v Marange Mining Resources and Anor

JUDGMENT NO. LC/H/14/2014

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Case Details

Court

Labour Court

Date

4 September 2013

Citation

JUDGMENT NO. LC/H/14/2014

Neutral Citation

[2014] ZWLC 14

Judgment No.

LC/H/14/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chidziva, J

Full Bench

Chidziva, J

Areas of Law

Labour LawContract Law

Keywords

RepudiationDesertionDisciplinary hearingUnfair dismissal

Key Issues

{"issue_text":"Whether the appellant repudiated his contract of employment by moving to ZDTC and surrendering company assets","issue_type":"fact","dispositive":"yes","related_facts":"Appellant moved to ZDTC on 21 August 2010, ceased reporting at Marange, surrendered vehicle and cellphone in November 2010"}
{"issue_text":"Whether the respondent was legally obliged to convene a disciplinary hearing before dismissing the appellant","issue_type":"law","dispositive":"yes","related_facts":"Appellant allegedly repudiated contract; no disciplinary hearing was held"}
{"issue_text":"Whether the arbitrator erred in finding the dismissal was lawful","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found no unfair labour practice; appeal challenges this finding"}

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background

Facts of the Case

Background

The appellant was employed by Canadile Miners (Pvt) Ltd as a Chief Security Officer from 1 November 2009. His salary ceased in October 2010 after he allegedly deserted employment on 21 August 2010. The appellant claimed he was transferred to ZDTC, while the respondent argued he willfully deserted to take new employment.

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