Mercy Corp v E. Mudzamiri & Others

[2014] ZWLC 693

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Case Details

Court

Labour Court

Date

24 October 2014

Citation

[2014] ZWLC 693

Judgment No.

LC/H/693/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour lawCollective bargaining

Keywords

Collective Bargaining AgreementNEC Welfare and Educational InstitutionsStatutory Instrument 192 of 1995Unpromulgated agreement

Key Issues

{"issue_text":"Whether an unpromulgated Collective Bargaining Agreement is binding on an employer who was not part of the negotiating employers' association","issue_type":"law","dispositive":"yes","related_facts":"Collective Bargaining Agreement negotiated in 2006 was never promulgated; Appellant was not part of negotiating association"}
{"issue_text":"Whether Statutory Instrument 192 of 1995 provides a basis for underpayment claims in the welfare and educational sector","issue_type":"law","dispositive":"no","related_facts":"Arbitrator based finding on Statutory Instrument 192 of 1995"}

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background

Facts of the Case

Background

Respondents were employed by appellant on fixed term contracts between 2009 and 2012. When their contracts ended in 2012 and were not renewed, they claimed unlawful dismissal and underpayment. The arbitrator dismissed the dismissal claim but upheld the underpayment claim based on an unpromulgated Collective Bargaining Agreement.

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