Letwin Sigauke N.O. v Champions Insurance (Private) Limited and Maureen Mhembere

LC/H/115/21

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Case Details

Court

Labour Court

Date

30 July 2021

Citation

LC/H/115/21

Neutral Citation

[2021] ZWLC 115

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawEmployment terminationRetrenchment procedures

Keywords

RetrenchmentUnlawful terminationSection 12CNotice requirementsDamages

Key Issues

{"issue_text":"Was the applicant correct in finding that retrenchment procedures were properly adhered to?","issue_type":"law","dispositive":"yes","related_facts":"Termination letter dated 1 December 2016, negotiations only called on 29 December 2016"}
{"issue_text":"Did the 2nd respondent waive her right to challenge by accepting payment?","issue_type":"law","dispositive":"no","related_facts":"2nd respondent wrote that acceptance was not waiver, payments made after this position stated"}

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background

Facts of the Case

Background

The 2nd respondent's employment was terminated by letter dated 1 December 2016. The Labour Officer ruled the retrenchment was properly conducted. The 2nd respondent challenged this, arguing the termination was unlawful as proper retrenchment procedures under Section 12C were not followed.

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