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Labour Court
Breypik (Pvt) Limited v Mason Rujuwa
[2013] ZWLC 359
Case Details
Court
Labour Court
Date
16 August 2013
Citation
[2013] ZWLC 359
Judgment No.
LC/H/359/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawEmployment contractsTermination of employment
Keywords
unfair dismissalresignationsecondmentwork permitsBotswana
Tags
employment contractsecondmentresignationBotswana work permits
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent was unfairly dismissed or voluntarily resigned","issue_type":"mixed","dispositive":"yes","related_facts":"Email of 5 April 2011, work permits not granted, no notice given"}
- {"issue_text":"Whether Breypik or Mapako was the employer","issue_type":"law","dispositive":"no","related_facts":"Contract terms, secondment arrangement, marketing responsibilities"}
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background
Facts of the Case
Background
The respondent was employed as Procurement and Marketing Manager by Mapako (Pty) Ltd and was seconded to Breypik (Pvt) Ltd while based in Zimbabwe. He elected to work in Botswana but work permits were not granted. He wrote to Mapako directors indicating he was returning to Zimbabwe and handing over his duties. An arbitrator found he was unfairly dismissed and awarded benefits. The Labour Court found this constituted voluntary resignation.
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