Enterprise Dog Handler Unit v Tavonga Chivanga & 34 Others

[2016] ZWLC 751

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Case Details

Court

Labour Court

Date

18 November 2016

Citation

[2016] ZWLC 751

Judgment No.

LC/H/751/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chivizhe J

Full Bench

Chivizhe J

Areas of Law

Labour lawCollective bargainingPrescription

Keywords

overtimeprescriptioncontinuing unfair labour practicearbitration award

Key Issues

{"issue_text":"Whether the matter had prescribed in terms of section 94 of the Labour Act when referred to the Designated Agent in 2012","issue_type":"procedural","dispositive":"yes","related_facts":"Contracts terminated 2007; referral in 2012; more than 2 years elapsed"}
{"issue_text":"Whether the unfair labour practice was continuing at time of referral","issue_type":"mixed","dispositive":"yes","related_facts":"Overtime claims submitted up to termination; arbitrator found practice continuing"}
{"issue_text":"Whether respondents were entitled to overtime payments","issue_type":"substantive","dispositive":"no","related_facts":"Claimed 252 vs 208 hours monthly; Collective Bargaining Agreement provisions"}

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background

Facts of the Case

Background

The respondents, former security guards employed by the appellant, claimed unpaid overtime totaling $80,661.90. After conciliation failed, the matter proceeded to arbitration where the arbitrator found in favour of the respondents. The appellant appealed on grounds of prescription and disputed entitlement to overtime payments.

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