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Labour Court
Hinge Enterprises (Pvt) Ltd v Happiness Samuriwo
[2016] ZWLC 516
Case Details
Court
Labour Court
Date
9 September 2016
Citation
[2016] ZWLC 516
Judgment No.
LC/H/516/16
Outcome
unknown
Case Type
Application
Bench
Presiding
Hove J
Full Bench
Hove J
Areas of Law
Labour LawEmployment ContractsProbationary Employment
Keywords
probationary contracttermination on noticefixed term contractarbitral awardvariation of award
Tags
probationary employmentcontract terminationarbitral award variation
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an employer can terminate a probationary contract without giving reasons","issue_type":"law","dispositive":"yes","related_facts":"Contract provided for 3-month probation, termination occurred in first month"}
- {"issue_text":"Whether the arbitral award should be varied to reduce damages from three months to two weeks","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator awarded three months damages, applicant sought reduction to two weeks"}
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background
Facts of the Case
Background
The respondent was employed by the applicant as a Human Resources and Administration Officer on 6 July 2015 with a 3-month probationary period. On 16 July 2015, during the first month of probation, the applicant gave 24 hours notice of termination effective 17 July 2015. An arbitrator found the dismissal unlawful and awarded three months damages. The applicant sought to vary this award to reduce payment to two weeks salary.
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