Honest Chapangura & 5 Ors v Kwekwe City Council & Anor

SC 27/21

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Case Details

Court

Supreme Court

Date

1 April 2021

Citation

SC 27/21

Neutral Citation

[2021] ZWSC 27

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Uchena JA

Full Bench

Gwaunza DCJGuvava JAUchena JA

Areas of Law

Labour LawEmployment Law

Keywords

transfer of undertakings 16 Labour ActKwekwe Breweryemployment transferbusiness undertaking

Key Issues

{"issue_text":"Whether the court a quo correctly found that there was no transfer of an undertaking in terms of s 16 (1) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Brewery closed; no assets transferred; Council remained owner"}
{"issue_text":"Whether if a transfer took place the appellants accepted less favourable terms than those they enjoyed before the transfer","issue_type":"mixed","dispositive":"no","related_facts":"New contracts offered different positions at lower grades"}

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background

Facts of the Case

Background

Former employees of Kwekwe Brewery claimed they were transferred to Kwekwe City Council as a transfer of undertaking under s 16(1) of the Labour Act when Brewery closed, arguing their terms were made less favourable. Labour Court found no undertaking was transferred.

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