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Labour Court
Godfrey Chapeta & 11 Others v Enterprise Dog Handler Unit
[2016] ZWLC 172
Case Details
Court
Labour Court
Date
4 March 2016
Citation
[2016] ZWLC 172
Judgment No.
LC/H/172/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G. Musariri
Full Bench
G. Musariri
Areas of Law
Labour LawCollective Bargaining
Keywords
overtime compensationtime off in lieuCBA interpretationmutual agreement
Tags
overtime paycollective bargaining agreementarbitration awardworks council agreement
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellants are entitled to payment for overtime despite the Works Council agreement providing for time off in lieu","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants worked overtime; Respondent provided 9 days off per month; Works Council resolution of 2 February 2005"}
- {"issue_text":"Whether the parties can waive application of provisions in the CBA","issue_type":"law","dispositive":"no","related_facts":"CBA section 2(2) prohibits waiver; CBA section 7(2) permits time off by mutual agreement"}
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background
Facts of the Case
Background
The appellants, who worked as dog handlers, claimed overtime pay for hours worked beyond the stipulated working hours. The respondent argued that it compensated for the overtime by giving the appellants 9 days off every month as per a Works Council meeting resolution of 2 February 2005, which allowed dog handlers to work 21 days of 12-hour shifts followed by 9 days off-duty.
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