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Labour Court

Albert Dzindikwa and Amanda Razemba and Beauty Gurenje v Wheatstar (Pvt) Ltd

[2016] ZWLC 764

Case Details

Court
Labour Court
Date
2 December 2016
Citation
[2016] ZWLC 764
Judgment No.
LC/H/764/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
R.F. Manyangadze J
Full Bench
R.F. Manyangadze J
Areas of Law
Labour lawEmployment law
Keywords
termination on noticeunfair dismissalcommon lawretrenchmentoperational requirements
Tags
termination on noticecommon law rightsection 12(4) Labour Actoperational challenges
legislation
Statutes Cited
  • Labour Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the respondent properly exercised the right to terminate the appellants' employment on notice","issue_type":"law","dispositive":"yes","related_facts":"Contracts without limit of time, operational challenges cited"}
  • {"issue_text":"Whether section 12(4) of the Labour Act creates the right to terminate on notice","issue_type":"law","dispositive":"no","related_facts":"Appellants' argument that section only provides notice periods"}
  • {"issue_text":"Whether termination on notice violates section 65 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Appellants' claim of unfair labour practices"}
  • {"issue_text":"Whether retrenchment procedures should have been followed 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 as the reason for termination.
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