Michael Chiutsi v Mutare Bottling Company (Pvt) Ltd

[2014] ZWLC 12

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Case Details

Court

Labour Court

Date

28 February 2014

Citation

[2014] ZWLC 12

Judgment No.

LC/MC/12/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Muchawa

Author

E Muchawa J

Full Bench

E Muchawa J

Areas of Law

Labour lawEmployment contractsGrievance procedures

Keywords

Fixed term contractTacit relocationContract renewalGrievance procedureExhaustion of domestic remedies

Key Issues

{"issue_text":"Whether failure to include prayer in appeal is fatal","issue_type":"procedural","dispositive":"no","related_facts":"Form LC3 was used with sections ticked"}
{"issue_text":"Whether appellant had right to appeal to Labour Court under code","issue_type":"procedural","dispositive":"no","related_facts":"Code clause 9.6.3 states Works Council is final stage at company level"}
{"issue_text":"Whether appellant proved his complaint on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant alleged harassment, respondent denied forcing contract signature"}
{"issue_text":"Whether there was tacit relocation of fixed-term contract","issue_type":"law","dispositive":"yes","related_facts":"19-month period without written renewal"}

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background

Facts of the Case

Background

Appellant employee challenged respondent employer's refusal to convert his fixed-term contract to permanent employment after 19 months of continued service without written renewal. He raised grievances under internal procedures alleging harassment and victimization for refusing to sign a new fixed-term contract.

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