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Supreme Court
Misheck Mubvumbi v City of Harare
[2018] ZWSC 64
Case Details
Court
Supreme Court
Date
22 October 2018
Citation
[2018] ZWSC 64
Judgment No.
SC 64/18
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKARAU JA
Full Bench
MAKARAU JAHLATSHWAYO JAPATEL JA
Areas of Law
Labour LawEmployment Law
Keywords
retirement agepension fundcollective bargainingstatutory instrumentemployment contract
Tags
retirement agepension fund regulationscollective bargaining agreementstatutory instrument
legislation
Statutes Cited
- Pensions and Provident Funds Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant's retirement age from employment was 60 or 65 years","issue_type":"law","dispositive":"yes","related_facts":"SI 147/81 provided 65 years; SI 135/2012 provided 60 years but excluded grades 1-4; appellant in grade 2"}
- {"issue_text":"Whether pension fund regulations can fix retirement age from employment without agreement","issue_type":"law","dispositive":"yes","related_facts":"Pension fund regulations provided retirement ages 55-65; no evidence of agreement to import this into employment contract"}
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background
Facts of the Case
Background
The appellant was employed by City of Harare since 1981 with retirement age of 65 under SI 147/81. SI 135/2012 later reduced retirement age to 60 but excluded grades 1-4 while appellant was in grade 2. Respondent retired appellant at 60 relying on pension fund regulations. Appellant challenged this as unlawful.
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