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Labour Court

Alex Masiaya N.O v City of Harare & Anor

[2020] ZWLC 267

Case Details

Court
Labour Court
Date
25 October 2020
Citation
[2020] ZWLC 267
Judgment No.
LC/H/267/2020
Outcome
unknown
Case Type
Application

Bench

Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawEmployment benefitsUnfair labour practice
Keywords
Locomotion allowancePlain clothes allowanceFuel allowancePrescriptionContinuous wrongLegitimate expectation
Tags
AllowancesPrescriptionContinuous unfair labour practiceLegitimate expectation
legislation
Statutes Cited
  • Criminal Justice Act 2003
  • Juries Act 1974
  • Contempt of Court Act 1981
  • Human Rights Act 1998
  • European Convention on Human Rights, Article 6
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the claim for allowances had prescribed under section 94 of the Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Allowances stopped January 2014, claim raised December 2018"}
  • {"issue_text":"Whether the 2nd respondent is entitled to locomotion, plain clothes and fuel allowances","issue_type":"mixed","dispositive":"yes","related_facts":"Authorization given, never withdrawn, continuous duties performed"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The 2nd respondent, employed as a loss control officer by City of Harare, was authorized to use his personal vehicle for council duties and receive fuel, locomotion and plain clothes allowances. These allowances were unilaterally stopped in January 2014 without notice or withdrawal of authority. The 2nd respondent claimed these allowances in December 2018.
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