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Supreme Court

Joseph Lungu & Others v Reserve Bank of Zimbabwe

SC 26/21

Case Details

Court
Supreme Court
Date
1 April 2021
Citation
SC 26/21
Neutral Citation
[2021] ZWSC 26
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MAKONI JA
Full Bench
GUVAVA JAMAVANGIRA JAMAKONI JA
Areas of Law
Labour lawCollective bargainingContract interpretation
Keywords
Works Council AgreementFixed-term employeesSalary benefitsOnus of proofRemittal
Tags
Works Council AgreementFixed-term contractsSalary arrearsRemittal
legislation
Statutes Cited
  • Labour Act
  • Labour Court Act
  • Supreme Court Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo erred in failing to make a specific finding on whether appellants were covered by the September 2010 Works Council Agreement","issue_type":"procedural","dispositive":"yes","related_facts":"Court a quo found term \"all employees\" ambiguous and invoked onus principle"}
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background
Facts of the Case

Background

153 former security guards employed on fixed-term contracts claimed salary benefits under a 2010 Works Council Agreement. The Labour Court dismissed their claim, finding they failed to prove they were covered by the agreement. The Supreme Court remitted the matter for proper determination.
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