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Case Details
Court
Labour Court
Date
16 December 2016
Citation
[2016] ZWLC 812
Judgment No.
LC/H/812/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawEmployment contractsUnfair dismissal
Keywords
Casual workerPermanent employeeSection 12(3) Labour ActReinstatementDamages
Tags
Casualisation of labourContract conversionDamages quantification
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator was correct in finding that the casual contract converted to permanent employment by virtue of section 12(3) of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"8-week casual employment period exceeding 6-week limit"}
- {"issue_text":"Whether the arbitrator was correct in awarding 12 months salary as damages without proper quantification","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence presented on mitigation, no quantification principles applied"}
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background
Facts of the Case
Background
The respondent was employed as a casual worker for 8 weeks from February to March 2013. After termination, she claimed unfair labour practice arguing her contract converted to permanent employment under section 12(3) of the Labour Act. The arbitrator agreed and awarded reinstatement or 12 months salary as damages. The appellant appealed both findings.
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