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Citation
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Judgment date
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| February 2014 |
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Casual workers exceeding six weeks in any four consecutive months become permanent employees under the Labour Act.
Labour law – Casual workers – Conversion to permanent employment after six weeks in any four consecutive months (s 12(3)/12(B)) – Overtime and underpayment claims – Payment in lieu of reinstatement as admission – Labour Act applies to former employment disputes.
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27 February 2014 |
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27 February 2014 |
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Review of dismissal fails where the alleged witness was the applicant's own and uncontested documentary evidence supports dismissal.
Labour law – review of disciplinary decision – distinction between review (procedural fairness) and appeal (appropriateness of decision) – failure to call own witness – affidavit evidence – civil standard (balance of probabilities) – undisputed documentary evidence (bank deposits) supporting dismissal.
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13 February 2014 |
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The appellant in contempt of a tribunal order must purge that contempt before the Labour Court will hear its appeal.
Labour law – Appeal – Contempt for non‑compliance with tribunal order; s92E(2) Labour Act (appeal does not suspend tribunal decision); "dirty hands" doctrine; Section 85(2) Constitution inapplicable to ordinary appeals; interim relief under s92E(3).
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13 February 2014 |
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An arbitrator lacked jurisdiction to quantify allowances not determined in his earlier final arbitral award; the award was set aside.
Labour law – arbitration – jurisdiction and functus officio – finality of arbitral awards – quantification of claims not determined in earlier award – res judicata.
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13 February 2014 |
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Contradictions in a witness’s criminal testimony do not automatically invalidate that witness’s evidence in disciplinary proceedings.
Disciplinary law – reliance on witness evidence – inconsistencies in criminal trial testimony – relevance of evidence‑in‑chief – limits on civil review of criminal proceedings – uncertified criminal record extract.
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13 February 2014 |
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Failure to lodge heads of argument under Rule 19 warranted striking the matter off the roll.
Civil procedure — Labour Court Rules (SI 59/2006) Rule 19 — Mandatory lodgement of heads of argument — Registrar’s duty to set down matters when heads are not filed — Non-compliance — Agreement between counsel cannot excuse breach — Striking matter off the roll.
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13 February 2014 |
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Stay pending appeal granted where applicant showed prima facie success, likely irreparable harm and favorable balance of convenience.
Labour law — stay of execution pending appeal; requirements: prospects of success, irreparable harm, balance of convenience; procedural irregularity (absence of dismissal letter) vs ex tempore verdict.
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13 February 2014 |
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Stay of execution refused where employer’s prospects of success were poor and no irreparable harm was shown.
Labour law – stay of execution pending appeal (s92E) – binding retrenchment agreements and contractual bonuses – prospects of success, irreparable harm, balance of convenience.
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13 February 2014 |
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Senior employee convicted of corruption and incompetence; dismissal upheld as proportionate abuse-of-trust sanction.
Labour law – disciplinary misconduct – corruption and incompetence – admissions corroborated by independent witness – abuse of position of trust – dismissal as appropriate sanction; procedural complaints more properly addressed by review.
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13 February 2014 |
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Dismissal for alleged misappropriation set aside where denial of access to records and audit evidence undermined fairness and proof.
Disciplinary law — fair hearing — denial of access to documents undermining defence; employer’s failure to train acting appointee — relevance to substantive fairness of dismissal; assessment of audit evidence versus disciplinary findings; reinstatement ordered.
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13 February 2014 |
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Referral to a Labour Officer after an internal disciplinary determination bypasses the Code's appeal and is incompetent.
Labour law – jurisdiction – section 101(6) Labour Act – applicability where matter is or is liable to be subject to a Code of Conduct (S.I. 15 of 2006) – internal appeal mechanisms must be exhausted – referral for delay, not to challenge an existing determination.
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13 February 2014 |
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Appeal dismissed: arbitrator’s factual findings on pension, medical and tax issues did not amount to unfair labour practice or gross misdirection.
Labour law — Appeal from arbitration — standard of review — question of law vs. factual findings — gross misdirection — unfair labour practice allegations concerning pension calculation, unpaid arrears, medical aid non-remittance and ZIMRA/tax filings.
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13 February 2014 |
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Failure to account for mastered council funds justified dismissal for theft/misappropriation; appeal dismissed with costs.
Labour law — Misconduct and dismissal — Theft/misappropriation of employer funds — Responsibility of employee who 'masters' cash and fails to account — Proof of essential elements; procedural fairness in charging.
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13 February 2014 |
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Court refused default judgment for late response where documents lacked case number and insisted appeal be decided on merits by another judge.
Labour procedure — default judgment — failure to file notice of response timeously — service without case number — discretion to apply rules flexibly — Rule 26 invoked to decide appeal on merits — application from the bar improper.
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13 February 2014 |
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Arbitral award set aside; back pay to be re-quantified using appropriate currency conversion and 18 months' compensation.
Labour law – constructive dismissal – back pay and mitigation of damages; currency nominalisation – conversion of Z$ to US$ after multi-currency adoption; use of Reserve Bank exchange rates; remittal for re‑quantification; 18 months compensation.
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13 February 2014 |
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Applicant's review dismissed for failure to exhaust internal remedies and failing to show prejudice from alleged irregularities.
Labour law — review — necessity to exhaust internal remedies before court review; procedural irregularities; mitigation; requirement to prove prejudice; compliance with procedural rules.
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13 February 2014 |
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Court dismissed appeal against dismissal for misconduct: no requirement for oral evidence and delay did not vitiate proceedings.
Labour law — disciplinary proceedings — oral evidence not mandatory under employer's Code — procedural delay caused by appellant's addendum — no proven bias — standard of proof: balance of probabilities — legal representation not required in informal workplace disciplinary procedure.
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13 February 2014 |
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Wrongfully dismissed employee entitled to back pay, but damages reduced for failure to mitigate employment losses.
Labour law – wrongful dismissal – effect of quashing dismissal as reinstatement – back pay from date of dismissal to reinstatement order – damages for period to find alternative employment – duty to mitigate and reduction of award for failure to mitigate.
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13 February 2014 |