Zimbabwe Open University v Stewart Mandiwanza & 2 Ors

Key Issues

• {"issue_text":"Whether the arbitrator was correct to rule that the claim had not prescribed","issue_type":"law","dispositive":"yes","related_facts":"The claim dates back to 2011, but the breach was only raised in 2023"}
• {"issue_text":"Whether the labour officer and arbitrator had jurisdiction to entertain the claim","issue_type":"law","dispositive":"yes","related_facts":"The claim was based on contractual entitlement, not acknowledgment of debt"}
• {"issue_text":"Whether the arbitrator was correct to conclude that the employees' claims were properly established","issue_type":"law","dispositive":"yes","related_facts":"The employees claimed cash in lieu of contact leave based on contractual entitlement"}
• {"issue_text":"Whether the remedy of cash in lieu of contact leave was competent","issue_type":"law","dispositive":"yes","related_facts":"The contracts did not have a specific clause for cash in lieu, but the leave had a monetary component"}

Background