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Labour Court
City of Harare v A Mutubuki & Others
[2016] ZWLC 776
Case Details
Court
Labour Court
Date
2 December 2016
Citation
[2016] ZWLC 776
Judgment No.
LC/H/776/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour LawEmployment Law
Keywords
acting allowanceunfair labour practicegrade 9arbitrationLabour Act
Tags
acting allowanceunfair labour practicegrade promotionarbitration appeal
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does failure to pay acting allowance for acting in higher grade constitute unfair labour practice under Section 8 of the Labour Act?","issue_type":"law","dispositive":"yes","related_facts":"Employees acted in higher grades without allowance"}
- {"issue_text":"Can an arbitrator order substantive appointment as alternative to acting allowance?","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator ordered either payment or substantive appointment"}
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background
Facts of the Case
Background
The respondent employees claimed they were made to act in grade 9 positions without receiving acting allowances or substantive appointments. The matter went to arbitration where the arbitrator ruled this constituted unfair labour practice and ordered payment of acting allowances or substantive appointments to grade 9.
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