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Constitutional Court
Itayi Nkomo, Thembinkosi Nyathi, Nicholas Khumbula Tshili v T. M. Supermarkets (Private) Limited
Judgment No. CCZ 4/19, Const. Application No. CCZ 30/18
Case Details
Court
Constitutional Court
Date
27 February 2019
Citation
Judgment No. CCZ 4/19, Const. Application No. CCZ 30/18
Neutral Citation
[2019] ZWCCZ 4
Judgment No.
CCZ 4/19
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGowora JCCHlatshwayo JCC
Areas of Law
Constitutional LawLabour Law
Keywords
Constitutional appealUnfair labour practicePerformance-based salaryEqual protectionFair wage
Tags
Constitutional appealLabour disputeSalary discriminationPerformance-based pay
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitutional Court Rules, 2016
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Supreme Court determined a constitutional matter such that an appeal lies to the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court decision on labour matter involving performance-based salary system"}
- {"issue_text":"Whether applicants have established a right to approach the Constitutional Court by way of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Requirements of Rule 32 of Constitutional Court Rules and section 169(1) of Constitution"}
- {"issue_text":"Whether the Supreme Court mischaracterized the dispute as involving performance-based bonus rather than salary differences","issue_type":"constitutional","dispositive":"no","related_facts":"Applicants' contention that Supreme Court dealt with wrong issue"}
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background
Facts of the Case
Background
Three section managers employed by T.M. Supermarkets discovered in 2011 that other section managers at different branches were being paid higher salaries. After their complaints to management went unanswered, they lodged an unfair labour practice complaint in 2012 seeking back-pay. An arbitrator found in their favor, ordering back-pay of US$2,390 each. The Labour Court dismissed the respondent's appeal, but the Supreme Court allowed the appeal and set aside the Labour Court judgment. The applicants now seek leave to appeal to the Constitutional Court.
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