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Labour Court

Zimbabwe Institute of Public Administration and Management (ZIPAM) v Prince Ngezi

JUDGMENT NO.LC/H/819/14

Case Details

Court
Labour Court
Date
3 September 2014
Citation
JUDGMENT NO.LC/H/819/14
Neutral Citation
[2014] ZWLC 819
Judgment No.
LC/H/819/14
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G. Mhuri
Full Bench
G. Mhuri
Areas of Law
Labour LawEmployment Law
Keywords
Constructive dismissalDemotionResignationTerminal benefitsLabour Act
Tags
Constructive DismissalDemotionTerminal Benefits
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator misdirected herself in concluding that the respondent failed to comply with Section 14(3) of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"Respondent's sick leave and failure to formalize it"}
  • {"issue_text":"Whether the arbitrator misdirected herself in concluding that the respondent resigned because the employer made continued employment intolerable","issue_type":"mixed","dispositive":"yes","related_facts":"Demotion without hearing, respondent's resignation after attempts to reverse demotion"}
  • {"issue_text":"Whether the arbitrator misdirected herself in failing to accept that accepting terminal benefits constituted acceptance of termination","issue_type":"law","dispositive":"no","related_facts":"Respondent accepted terminal benefits after resignation"}
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background
Facts of the Case

Background

The respondent was employed by the appellant from 2007 until 2012, rising to Director of Training before being demoted to consultant without a disciplinary hearing. Following the demotion, the respondent resigned and filed a constructive dismissal claim. The arbitrator found in his favor, and the employer appealed.
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