Zimbabwe Manpower Development Fund v Tendai Tamanikwa & 2 Others

Key Issues

• {"issue_text":"Whether the arbitrator erred in law by substituting the employer's discretion to impose a dismissal penalty","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator ordered reinstatement despite employer imposing dismissal"}
• {"issue_text":"Whether the arbitrator erred in law by not realising that respondents' misconduct went to the root of their employment contracts","issue_type":"law","dispositive":"yes","related_facts":"Refusal to return vehicles and sign secrecy declaration"}
• {"issue_text":"Whether the arbitrator had jurisdiction to determine the second count regarding the motor vehicles","issue_type":"law","dispositive":"yes","related_facts":"Respondents' refusal to return vehicles and claim of right"}
• {"issue_text":"Whether the appeal to the internal appeals officer was filed out of time","issue_type":"procedural","dispositive":"no","related_facts":"Procedural requirement for internal appeal"}
• {"issue_text":"Whether the instruction to sign the secrecy declaration was lawful","issue_type":"law","dispositive":"yes","related_facts":"Employer requiring employees to sign new document"}

Background