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Labour Court

Mercy Dare v Farm & City Centre

LC/H/706/16

Case Details

Court
Labour Court
Date
4 November 2016
Citation
LC/H/706/16
Neutral Citation
[2016] ZWLC 706
Outcome
unknown
Case Type
Application

Bench

Presiding
Muchawa J
Full Bench
Muchawa JMakamure J
Areas of Law
Labour lawConstitutional law
Keywords
Section 12 Labour ActSection 93 Labour ActConstitutional referralRetrospectivity
Tags
Constitutional referralLabour officer confirmationRetrospective legislation
legislation
Statutes Cited
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
  • Labour Amendment Act No 5 of 2015
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether section 18 of the Labour Amendment Act No 5 of 2015 violates sections 56(1) and 3(2)(k) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Retrospective application to terminations on or after 17 July 2015"}
  • {"issue_text":"Whether section 93(5) of the Labour Act violates sections 68(1), 69(2) and 169(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Procedure makes labour officer an interested party and removes right of appeal"}
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background
Facts of the Case

Background

The applicant, a labour officer, had ruled that two former employees of the respondent were entitled to compensation for loss of employment under section 12(4b) of the Labour Act. The respondent opposed confirmation of this ruling and filed a counter application seeking referral of constitutional issues regarding the retrospective application of the Labour Amendment Act No 5 of 2015 and the constitutionality of section 93(5) procedures.
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