Vortigen Investments (Pvt) Ltd v Ticharwa Moto

JUDGMENT NO LC/H/167/16

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Case Details

Court

Labour Court

Date

23 February 2016

Citation

JUDGMENT NO LC/H/167/16

Neutral Citation

[2016] ZWLC 167

Judgment No.

LC/H/167/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L M Murasi

Full Bench

L M Murasi

Areas of Law

Employment LawLabour Law

Keywords

sick leavemedical groundsterminationaudi alteram partemarbitration

Key Issues

{"issue_text":"Whether the arbitrator erred in finding that there was no evidence that the respondent requested sick leave as required by section 14 of the Labour Act.","issue_type":"law","dispositive":"yes","related_facts":"The existence of leave application forms and medical notes on record."}
{"issue_text":"Whether the arbitrator erred in finding that the termination of employment was substantively unfair.","issue_type":"law","dispositive":"yes","related_facts":"The appellant's reliance on Dr. Vera's letter, the lack of communication with the respondent, and the failure to await MRI scan results."}

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Facts of the Case

Background

The respondent was injured at work in November 2013 and was granted sick leave. The appellant terminated his employment in July 2014 based on a medical report. The arbitrator found the termination unfair, and the appellant appealed, arguing the arbitrator erred in law regarding the evidence for sick leave requests and substantive fairness.

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