Maranatha Christian High School v Martin Mutimusakwa & Anor

[2016] ZWLC 617

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Case Details

Court

Labour Court

Date

7 October 2016

Citation

[2016] ZWLC 617

Judgment No.

LC/H/617/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Employment LawContract Law

Keywords

resignation noticeleave entitlementsalary arrearsLabour ActCollective Bargaining Agreement

Key Issues

{"issue_text":"Whether the arbitrator erred in finding that respondents were not obligated to pay compensation for resigning without giving notice","issue_type":"law","dispositive":"no","related_facts":"Respondents resigned without giving 3 months notice as required by contract"}
{"issue_text":"Whether respondents were entitled to payment of cash in lieu of leave for their first year in employment","issue_type":"law","dispositive":"yes","related_facts":"Respondents claimed leave accrued during first year of employment"}
{"issue_text":"Whether respondents were entitled to leave days when they failed to go on leave or claim cash for the year the leave was due","issue_type":"law","dispositive":"no","related_facts":"Respondents did not take leave during employment"}

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Facts of the Case

Background

Two teachers resigned from Maranatha Christian High School without giving the required three months notice and claimed salary arrears and cash in lieu of leave. The arbitrator found in their favour, awarding payment for salary arrears and leave days. The school appealed against the arbitration award.

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