Ariston Management Services t/a Favco v Rambanayi Samubata

[2016] ZWLC 53

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Case Details

Court

Labour Court

Date

5 February 2016

Citation

[2016] ZWLC 53

Judgment No.

LC/H/53/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R F Manyangadze J

Full Bench

R F Manyangadze J

Areas of Law

Employment LawContract Law

Keywords

overtime paycontract exclusion clausemanagerial employeearbitral award

Key Issues

{"issue_text":"Whether an employee can claim overtime compensation when their contract of employment expressly excludes such entitlement","issue_type":"law","dispositive":"yes","related_facts":"Contract clause excluding overtime eligibility; extensive overtime worked"}
{"issue_text":"Whether the arbitrator erred in finding normal working hours were 8 hours per day","issue_type":"law","dispositive":"no","related_facts":"Contract specified working hours"}

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background

Facts of the Case

Background

The respondent employee worked as Stock Controller from March 2011 to November 2014, regularly working 17-hour days. His contract excluded overtime eligibility. After dismissal, he claimed overtime payment through arbitration, which awarded US$25,500. The employer appealed.

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