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Labour Court
Zimbabwe Lawyers for Human Rights v Temba Ananias
JUDGMENT NO. LC/H/61/16
Case Details
Court
Labour Court
Date
19 October 2015
Citation
JUDGMENT NO. LC/H/61/16
Neutral Citation
[2015] ZWLC 61
Judgment No.
LC/H/61/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Labour LawContract Law
Keywords
cash in lieu of leaveterminal benefitsdiscretion of boardCollective Bargaining Agreement
Tags
leave daysgratuitypersonnel manualarbitral award
legislation
Statutes Cited
- N/A (Contractual provisions only)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in awarding cash in lieu of leave days contrary to the Personnel Manual.","issue_type":"law","dispositive":"yes","related_facts":"Clause 11 of the Personnel Manual; calculation of leave days."}
- {"issue_text":"Whether the arbitrator erred in awarding gratuity when the Manual made it discretionary.","issue_type":"law","dispositive":"yes","related_facts":"Clause 9.4(h) of the Personnel Manual; Board's denial of gratuity."}
- {"issue_text":"Whether the arbitrator erred in using the Collective Bargaining Agreement formula for the National Employment Council for the Welfare and Educational Institutions.","issue_type":"law","dispositive":"no","related_facts":"The formula used to calculate gratuity."}
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background
Facts of the Case
Background
The respondent, a former employee of the appellant, was awarded an arbitral award for cash in lieu of leave and gratuity. The appellant appealed, arguing the arbitrator misapplied the personnel manual and that gratuity was discretionary and properly denied.
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