Cleopatra Mhariwa N.O. v Empire College & Anor

[2020] ZWLC 124

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Case Details

Court

Labour Court

Date

5 June 2020

Citation

[2020] ZWLC 124

Judgment No.

LC/H/124/20

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawEmployment contracts

Keywords

minimum wagestatutory instrumentultra virescontract validity

Key Issues

{"issue_text":"Whether the contractual agreement paying below statutory minimum wage is valid","issue_type":"law","dispositive":"yes","related_facts":"Contract specified $130/month vs statutory $374/month minimum"}
{"issue_text":"Whether the applicant's ruling should be confirmed","issue_type":"procedural","dispositive":"no","related_facts":"1st respondent opposed confirmation on procedural grounds"}

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Facts of the Case

Background

The applicant, a Designated Agent, issued a ruling that Empire College had underpaid Shakenate Chari in violation of minimum wage laws. Empire College opposed confirmation, arguing their contractual agreement paying $130/month was binding. The court found the contract ultra vires statutory instruments and confirmed the ruling with amendments.

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