Elvis Machikiti (Designated Agent) v Lyons Zimbabwe & Chain Ruzvidzo

[2016] ZWLC 783

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Case Details

Court

Labour Court

Date

9 December 2016

Citation

[2016] ZWLC 783

Judgment No.

LC/H/783/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour LawCollective BargainingStatutory Interpretation

Keywords

gratuitypensionSI 34 of 2012collective bargaining agreementdifference payment

Key Issues

{"issue_text":"Whether an employee who receives pension benefits is also entitled to gratuity under section 26(4) of SI 34 of 2012 where the pension is less than the gratuity","issue_type":"law","dispositive":"yes","related_facts":"2nd respondent received pension and claimed gratuity; pension amount was less than gratuity amount"}
{"issue_text":"Whether section 26 of SI 34 of 2012 is contrary to public policy","issue_type":"law","dispositive":"no","related_facts":"1st respondent argued provision violates public policy"}
{"issue_text":"Whether the provisions of the Pensions and Other Benefits Act apply to this case","issue_type":"law","dispositive":"no","related_facts":"1st respondent relied on provisions prohibiting double benefits"}

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Facts of the Case

Background

The 2nd respondent retired after 40 years of employment with the 1st respondent and received his pension. He then claimed gratuity based on section 26(4) of SI 34 of 2012, which provides that where pension is less than gratuity, the employer must pay the difference. The 1st respondent refused, arguing that pension and gratuity are mutually exclusive benefits.

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