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Labour Court
City of Harare v Innocent Makedenge
[2014] ZWLC 23
Case Details
Court
Labour Court
Date
31 January 2014
Citation
[2014] ZWLC 23
Judgment No.
LC/H/23/2014
Outcome
unknown
Case Type
Appeal
Bench
Presiding
R F Manyangadze
Full Bench
R F Manyangadze
Areas of Law
Labour LawArbitration
Keywords
unfair labour practicepromotionrotational leaveencashmentarbitral awardcollective bargaining agreement
Tags
unfair labour practicepromotionrotational leaveencashmentarbitral award
legislation
Statutes Cited
- Collective Bargaining Agreement: Harare Municipal Undertaking (Leave Agreement) Statutory Instrument 390 of 1992
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the arbitrator exceed his mandate by ordering promotion to Divisional Officer?","issue_type":"procedural","dispositive":"yes","related_facts":"The unfair labour practice complained of was denial of work assignments"}
- {"issue_text":"Can rotational leave days be encashed under the collective bargaining agreement?","issue_type":"law","dispositive":"yes","related_facts":"SI 390 of 1992 does not provide for encashment of rotational leave"}
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background
Facts of the Case
Background
The respondent, a firefighter employed by the appellant, alleged unfair labour practices including denial of work assignments, leave days, and rotational leave. After conciliation failed, the matter proceeded to compulsory arbitration where the arbitrator ruled in favour of the respondent, ordering promotion to Divisional Officer and encashment of rotational leave days. The appellant appealed against these specific aspects of the arbitral award.
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