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Labour Court
Albert Dzindikwa & Amanda Razemba & Beauty Gurenje v Wheatstar (Pvt) Ltd
LC/H/764/2016
Case Details
Court
Labour Court
Date
2 December 2016
Citation
LC/H/764/2016
Neutral Citation
[2016] ZWLC 764
Outcome
unknown
Case Type
Appeal
Bench
Presiding
R.F. Manyangadze J
Full Bench
R.F. Manyangadze J
Areas of Law
Labour LawEmployment Contracts
Keywords
termination on noticesection 12(4) Labour Actcommon law rightunfair dismissalretrenchment
Tags
termination on noticecommon law rightoperational challenges
legislation
Statutes Cited
- Labour Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 12(4) of the Labour Act creates the right to terminate employment on notice or merely regulates notice periods","issue_type":"law","dispositive":"yes","related_facts":"Contracts without limit of time, notice given on 10 October 2014"}
- {"issue_text":"Whether termination on notice violates section 65 of the Constitution providing for fair labour standards","issue_type":"constitutional","dispositive":"no","related_facts":"Termination cited operational challenges, no retrenchment process followed"}
- {"issue_text":"Whether employer should have followed retrenchment procedures for operational reasons","issue_type":"law","dispositive":"no","related_facts":"Operational challenges cited as reason for termination"}
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background
Facts of the Case
Background
Three employees appealed against an arbitral award that upheld their termination on notice by Wheatstar (Pvt) Ltd. The employer cited operational challenges facing the industry and gave notice of termination effective 31 December 2014. The employees contended the termination was unfair and should have followed retrenchment procedures.
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