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Labour Court

Don Nyamande & Another v Zuva Petroleum (Pvt) Ltd

[2014] ZWLC 347

Case Details

Court
Labour Court
Date
20 June 2014
Citation
[2014] ZWLC 347
Judgment No.
LC/H/347/2014
Outcome
unknown
Case Type
Application

Bench

Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour lawEmployment termination
Keywords
RetrenchmentTermination on noticeUnfair dismissalSection 12BTransfer of undertaking
Tags
Transfer of undertakingTermination on noticeSection 12B Labour Act
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Labour Court erred in upholding termination on notice instead of finding unfair dismissal","issue_type":"law","dispositive":"no","related_facts":"Termination on notice effective 1 June 2012"}
  • {"issue_text":"Whether Section 12(4) provides for termination on notice contrary to Section 12B","issue_type":"law","dispositive":"no","related_facts":"Termination not pursuant to disciplinary proceedings"}
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background
Facts of the Case

Background

Applicants were employed by BP Shell which sold its services to respondent. After declining voluntary retrenchment, respondent served compulsory retrenchment notice and later terminated employment on notice. Arbitrator ruled this was unfair dismissal under Section 12B, but Labour Court found Section 12(4) applicable.
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