Delta Beverages v Prince Kwesha & 2 Others

LC/H/04/2013

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Case Details

Court

Labour Court

Date

28 February 2014

Citation

LC/H/04/2013

Neutral Citation

[2013] ZWLC 4

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B S Chidziva

Full Bench

B S Chidziva

Areas of Law

Labour lawEmployment contracts

Keywords

Casual workersPermanent employmentCollective bargaining agreementUnfair labour practiceReinstatementDamages

Key Issues

{"issue_text":"Whether casual workers become permanent employees after working six weeks in four consecutive months under s 12(B) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Respondents worked six weeks for four consecutive months"}
{"issue_text":"Whether the arbitrator erred in awarding US$4,818 for underpayment without evidence","issue_type":"law","dispositive":"no","related_facts":"Claim for underpayment of wages, overtime and allowances"}
{"issue_text":"Whether the Labour Act applies between former employees and former employers","issue_type":"law","dispositive":"no","related_facts":"Employment relationship ended before arbitration"}

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background

Facts of the Case

Background

The respondents were employed by Delta Beverages as casual workers from August 2010 to July 2011. They worked continuously for over 12 months without interruption, with payment based on pallets produced rather than hours worked. After their contracts were terminated, arbitration found unfair labour practices and ordered reinstatement or damages.

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