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Labour Court

Kasimu Bwanya v Profeeds (Pvt) Ltd

[2016] ZWLC 754

Case Details

Court
Labour Court
Date
18 November 2016
Citation
[2016] ZWLC 754
Judgment No.
LC/H/754/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
B.T Chivizhe
Full Bench
B.T Chivizhe
Areas of Law
Labour LawEmployment ContractsUnfair Dismissal
Keywords
fixed term contracttacit renewalsection 12B(3) Labour Actlegitimate expectationunfair dismissal
Tags
fixed term contracttacit renewalunfair dismissallabour arbitration appeal
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a fixed term contract automatically mutates into a permanent contract when not renewed but employee continues working","issue_type":"law","dispositive":"yes","related_facts":"Appellant continued working after September 2012 without contract renewal"}
  • {"issue_text":"Whether the arbitrator erred in finding tacit renewal of fixed term contract on same terms","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator concluded contract tacitly renewed on same terms and conditions"}
  • {"issue_text":"Whether section 12B(3) requirements for unfair dismissal were satisfied","issue_type":"mixed","dispositive":"yes","related_facts":"Sibanda was engaged, appellant claimed legitimate expectation"}
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background
Facts of the Case

Background

The appellant was employed by the respondent on fixed term contracts from July 2010 to September 2012. From October 2012 to January 2013 he claimed to be on a contract without limit of time. The respondent contended he failed to return a signed contract and deserted workplace. The arbitrator found no unfair dismissal as the fixed term contract tacitly renewed on same terms. Appellant appealed claiming the arbitrator erred in law.
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