Gracious Rutendo Chirenda N.O. v Norman Takawira & Zimbabwe Red Cross Society

[2023] ZWLC 231

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Case Details

Court

Labour Court

Date

27 July 2023

Citation

[2023] ZWLC 231

Judgment No.

LC/H/231/23

Outcome

unknown

Case Type

Application

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawEmployment contracts

Keywords

tacit relocationunlawful terminationdamagesmitigation

Key Issues

{"issue_text":"Whether the employment contract was tacitly relocated after April 2020","issue_type":"mixed","dispositive":"yes","related_facts":"Continued work performance, payment in May 2020, return to previous workstation"}
{"issue_text":"Whether the arbitrator correctly calculated damages for unlawful termination","issue_type":"law","dispositive":"yes","related_facts":"Lack of submissions on mitigation, disputed payment amounts"}

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background

Facts of the Case

Background

The first respondent was employed by the second respondent under fixed-term contracts, first as Provincial Manager for Mashonaland Province until December 2019, then for Muzarabani until April 2020. After April 2020, no written contract existed, but the first respondent continued working as Provincial Manager for Mashonaland East, receiving instructions and payment. In July 2020, the second respondent informed him he was out of contract and demanded return of equipment. The matter went to arbitration, where the arbitrator found unlawful termination and awarded damages.

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