Kingdom Bank Ltd v Noblame Musamba

[2014] ZWLC 799

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Case Details

Court

Labour Court

Date

24 September 2014

Citation

[2014] ZWLC 799

Judgment No.

LC/H/799/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P. Muzofa

Full Bench

P. Muzofa

Areas of Law

Employment LawContract Law

Keywords

long service awardpolicy documentcontractual rightdiscretionary benefitboard resolution

Key Issues

{"issue_text":"Whether the 2005 policy document was superseded by the 2006 policy document","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to produce Board resolutions; practical application of 2005 policy"}
{"issue_text":"Whether the long service award was a contractual right or discretionary benefit","issue_type":"law","dispositive":"yes","related_facts":"Policy wording using \"shall\"; no proper variation of policy"}

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background

Facts of the Case

Background

The respondent employee claimed a long service award after five years of service based on the 2005 policy document. The appellant employer argued the 2005 policy had been superseded by a 2006 policy and that the award was discretionary. The NEC Appeals Board found in favour of the employee.

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