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Labour Court

Meja Pwanyiwa v Shamva Gold Mine

LC/H/219/2023

Case Details

Court
Labour Court
Date
18 July 2023
Citation
LC/H/219/2023
Neutral Citation
[2023] ZWLC 219
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour LawContract Law
Keywords
Unlawful terminationFixed-term contractPermanent employeeShamva Gold MineHardsoft mix companySI 109/93
Tags
Fixed-term contractPermanent employment statusSI 109/93Designated AgentContracting out of statutory protection
legislation
Statutes Cited
  • Statutory Instrument 109 of 1993 (Mining Industry)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Designated Agent erred in dismissing the appellant’s application for permanent employment status on the grounds that it would amount to rewriting the contract.","issue_type":"law","dispositive":"yes","related_facts":"Fixed-term contract expiry; SI 109/93 restrictions; appellant’s duties"}
  • {"issue_text":"Whether the appellant’s employment with Shamva Gold Mine should be deemed permanent despite the fixed-term nature of the contract, given the nature of his duties under SI 109/93.","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of duties; supervision; Hardsoft contracts"}
  • {"issue_text":"Whether the court has jurisdiction to grant a declaration converting a fixed-term contract into permanent employment.","issue_type":"procedural","dispositive":"yes","related_facts":"Designated Agent’s jurisdiction; court’s powers"}
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background
Facts of the Case

Background

The appellant was employed under a fixed-term contract by Shamva Gold Mine, which expired by effluxion of time. After expiry, he entered into further contracts with Hardsoft Mix Company, but claimed he remained under the supervision of the same employer and should be deemed a permanent employee under SI 109/93. He appealed the Designated Agent’s rejection of his claim for permanent status.
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