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Labour Court

Cargill Zimbabwe (Private) Limited v Elvis Kubvunya

[2016] ZWLC 557

Case Details

Court
Labour Court
Date
9 September 2016
Citation
[2016] ZWLC 557
Judgment No.
LC/H/557/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Employment LawContract Law
Keywords
fixed term contractautomatic terminationsick leavearbitration award
Tags
fixed term contractautomatic terminationsick leave
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether fixed term contracts automatically terminate on expiry date without notice","issue_type":"law","dispositive":"yes","related_facts":"Fixed term contract 31 Jan-30 Apr 2013, no notice given"}
  • {"issue_text":"Whether payment in error amounts to tacit renewal of employment contract","issue_type":"law","dispositive":"yes","related_facts":"May 2013 salary paid after contract expiry"}
  • {"issue_text":"Whether employer can terminate employment during employee's sick leave","issue_type":"law","dispositive":"no","related_facts":"Respondent on sick leave from 20 Feb 2013"}
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background
Facts of the Case

Background

The respondent was employed on a fixed term contract from 31 January 2013 to 30 April 2013. He went on sick leave from 20 February 2013 and did not return to work after the contract expired. The appellant paid his May 2013 salary in error. The respondent claimed unfair dismissal, arguing the payment renewed his contract.
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