Zimbabwe Institute of Management v Norman Hadzirabwi

Key Issues

• {"issue_text":"Whether the arbitrator erred in awarding damages equivalent to 24 months salary for a fixed term contract","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator awarded 24 months salary as damages for the unexpired portion of the contract"}
• {"issue_text":"Whether the principle of mitigation of loss applies to employees on fixed term contracts","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator concluded that mitigation does not apply to fixed term contracts"}
• {"issue_text":"Whether the arbitrator correctly considered evidence regarding the respondent's alternative employment","issue_type":"mixed","dispositive":"no","related_facts":"Appellant claimed evidence of respondent's employment at CIPM from May 2015 and job opportunities"}
• {"issue_text":"Whether the respondent was entitled to holiday allowance of US$10,400","issue_type":"law","dispositive":"no","related_facts":"Contract provided for holiday allowance at $350 per day for 4 days"}
• {"issue_text":"Whether the respondent was entitled to cell phone allowance","issue_type":"law","dispositive":"no","related_facts":"Contract provided for cell phone allowance of 600 units covering business and private calls"}
• {"issue_text":"Whether the respondent was entitled to club subscriptions","issue_type":"law","dispositive":"no","related_facts":"Contract provided for club subscription allowance"}
• {"issue_text":"Whether the respondent was entitled to gratuity despite contract termination before expiry","issue_type":"law","dispositive":"no","related_facts":"Contract clause stated gratuity only payable upon contract expiry, but termination was found to be unfair"}
• {"issue_text":"Whether the arbitrator erred in awarding pension and medical cover directly to the respondent","issue_type":"law","dispositive":"yes","related_facts":"Pension contributions and medical cover were awarded directly to the respondent"}

Background