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Harare High Court

Morgan Mugona and Lovemore Makanya v Consolidated Farming Investments Ltd

HH 770-17

Case Details

Court
Harare High Court
Date
26 January 2017
Citation
HH 770-17
Neutral Citation
[2017] ZWHH 770
Outcome
unknown
Case Type
Application

Bench

Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Employment LawContract LawLabour Relations
Keywords
Franchise agreementEmployee reinstatementTerminationArbitration award
Tags
Franchise agreementEmployee transferReinstatement
legislation
Statutes Cited
  • Companies Act
  • Labour Act
  • Arbitration Act
  • High Court Rules Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether and when the franchise agreement was terminated","issue_type":"law","dispositive":"yes","related_facts":"Arbitral award by C.H. Lucas, termination notice, provisional liquidation"}
  • {"issue_text":"The consequences of termination of the franchise agreement on the employment status of applicants post termination","issue_type":"law","dispositive":"yes","related_facts":"Clause 7.2.2 of franchise agreement, employee transfer provisions"}
  • {"issue_text":"What effect if any the provisional order of liquidation had on the applicants' employment","issue_type":"law","dispositive":"yes","related_facts":"Section 213 of Companies Act, effect of liquidation on contracts"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Applicants were employees of respondent who were transferred to franchisee Upridge Trading under a franchise agreement. When the franchise agreement was terminated in March 2012, applicants sought reinstatement with respondent, who refused. The matter proceeded to arbitration and subsequent court proceedings.
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