Christmas Mazarire v The Retrenchment Board & Old Mutual Shared Services (Private) Limited

[2020] ZWSC 105

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Case Details

Court

Supreme Court

Date

17 July 2020

Citation

[2020] ZWSC 105

Judgment No.

SC 105/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makarau JA

Full Bench

Makarau JAGowora JAHlatshwayo JA

Areas of Law

Labour lawAdministrative law

Keywords

retrenchmentjurisdictionreviewLabour Court

Key Issues

{"issue_text":"Whether the Labour Court erred in failing to determine whether the Retrenchment Board's decision to decline jurisdiction was proper","issue_type":"procedural","dispositive":"yes","related_facts":"Board's letter dated 12 October 2015 declining jurisdiction"}
{"issue_text":"Whether the court a quo misdirected itself by determining incorrect issues","issue_type":"procedural","dispositive":"yes","related_facts":"Court focused on Minister's decision rather than Board's jurisdiction"}

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Facts of the Case

Background

The appellant was retrenched by Old Mutual Shared Services (Private) Limited. A dispute arose regarding computation of his retrenchment package. The Retrenchment Board declined jurisdiction on the third referral, stating it had no jurisdiction over disputes arising from terms and conditions of employment. The Labour Court dismissed the appellant's review application, finding the grievance was against the Minister's decision rather than the Board's.

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