Misheck Mubvumbi & 3 Ors v City of Harare

[2014] ZWLC 380

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Case Details

Court

Labour Court

Date

12 June 2014

Citation

[2014] ZWLC 380

Judgment No.

LC/H/380/2014

Outcome

unknown

Case Type

Review

Bench

Presiding

B S Chidziva

Full Bench

B S Chidziva

Areas of Law

Labour lawEmployment contractsAdministrative review

Keywords

RetirementRetrenchmentCouncil resolutionUltra viresAbolition of offices

Key Issues

{"issue_text":"Whether the application complied with Labour Court Rules for urgent applications","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed as urgent chamber application, Certificate of urgency signed by legal practitioner from representing firm"}
{"issue_text":"Whether the Town Clerk acted ultra vires in retiring applicants without Council Resolution","issue_type":"mixed","dispositive":"no","related_facts":"First and second applicants retired by Town Clerk"}
{"issue_text":"Whether abolition of offices amounted to defacto retrenchment","issue_type":"mixed","dispositive":"no","related_facts":"Third and fourth applicants' offices abolished"}

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background

Facts of the Case

Background

Four municipal employees sought review of their retirement/dismissal, alleging the Town Clerk acted without council resolution and that abolition of positions amounted to defacto retrenchment. The respondent claimed proper procedures were followed.

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