Diamond Mining Corporation v Peter Tafa & 3 Ors

[2014] ZWLC 203

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Case Details

Court

Labour Court

Date

11 April 2014

Citation

[2014] ZWLC 203

Judgment No.

LC/H/203/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B S Chidziva

Full Bench

B S Chidziva

Areas of Law

Labour lawUnfair dismissalEmployment contracts

Keywords

Unfair dismissalTerminal benefitsNotice payProbationary contractSecurity guards

Key Issues

{"issue_text":"Whether the respondents were unfairly dismissed","issue_type":"law","dispositive":"yes","related_facts":"Contracts terminated two weeks before expiry, no code compliance shown"}
{"issue_text":"Whether accepting terminal benefits waived respondents' rights","issue_type":"law","dispositive":"no","related_facts":"Respondents accepted notice pay but later claimed unfair dismissal"}
{"issue_text":"Whether respondents were entitled to overtime, night allowance and back pay","issue_type":"mixed","dispositive":"no","related_facts":"Respondents claimed 12-hour shifts, night duties, public holidays worked"}

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background

Facts of the Case

Background

The appellant employed four respondents as security guards in February 2011 on three-month probationary contracts. After probation, they were forced to sign another three-month contract without permanent status. In September 2011, the appellant terminated their contracts two weeks before expiry and paid for the unexpired period. The respondents claimed unfair dismissal and sought overtime, night allowance and back pay.

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