Michael Mandikonzwa & 2 Others v Boka Tobacco Auction Floors

[2014] ZWLC 712

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Case Details

Court

Labour Court

Date

24 October 2014

Citation

[2014] ZWLC 712

Judgment No.

LC/H/712/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Employment LawLabour Relations

Keywords

overtime calculationworking hoursstatutory instrument 85 of 1993guards employment

Key Issues

{"issue_text":"Whether the fifth working day per week should be treated as overtime on a day off and paid at double the hourly wage","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants worked 5 days at 12 hours each; 48-hour weekly limit reached by fourth day"}
{"issue_text":"Whether overtime worked in excess of 10 hours per day within the four working days should be calculated at 1.5 times the hourly wage","issue_type":"law","dispositive":"yes","related_facts":"Daily working hours were 12 hours; statutory limit is 10 hours per day"}

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Facts of the Case

Background

The appellants, employed as guards by the respondent, worked 12-hour shifts daily. Their contracts were terminated in June 2012. A dispute arose regarding overtime calculation, specifically whether their fifth working day should be treated as overtime on a day off (paid at double rate) or as normal working time with overtime at 1.5 times rate.

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