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Case Details
Court
Labour Court
Date
4 March 2016
Citation
[2016] ZWLC 20
Judgment No.
LC/MT/20/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L F Kudya J
Full Bench
L F Kudya J
Areas of Law
Labour lawEmployment contracts
Keywords
casualisationfixed term contractsarbitrationjurisdictionprescription
Tags
casualisation of labourfixed term contractsarbitration appeal
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred by not determining the issue of his jurisdiction","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant challenged arbitrator's jurisdiction"}
- {"issue_text":"Whether the arbitrator erred by not ruling on the prescription issue","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant raised prescription"}
- {"issue_text":"Whether the respondent was casualised labour","issue_type":"mixed","dispositive":"no","related_facts":"Nine years of fixed term contracts"}
- {"issue_text":"Whether the respondent was underpaid","issue_type":"factual","dispositive":"no","related_facts":"Respondent's salary evidence"}
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background
Facts of the Case
Background
The appellant employed the respondent on renewable fixed term contracts for nine years. The respondent's services were terminated on 14 July 2014. He approached a labour officer and proceeded to arbitration where the arbitrator ruled in his favour, finding that the appellant had casualised labour. The appellant appealed against this arbitral award.
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