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Supreme Court
Moses Mawire v Rio Zim Limited (Private) Limited
SC 13/21
Case Details
Court
Supreme Court
Date
9 March 2021
Citation
SC 13/21
Neutral Citation
[2021] ZWSC 13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAVANGIRA JA
Full Bench
GOWORA JAPATEL JAMAVANGIRA JA
Areas of Law
Labour lawContract lawPrescription
Keywords
PrescriptionUnfair labour practiceContract variationContinuing natureAllowances
Tags
PrescriptionContract variationUnfair labour practiceContinuing contravention
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant's claims had prescribed in terms of s 94 of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Claims lodged in 2014 for benefits removed in 2009"}
- {"issue_text":"Whether the contract of employment had been varied","issue_type":"law","dispositive":"yes","related_facts":"Appellant accepted new salary structure for 5 years without complaint"}
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background
Facts of the Case
Background
The appellant, employed as Human Resources Superintendent since 2006, claimed outstanding locality allowance, leave bonus and vehicle mileage after the respondent unilaterally removed these benefits in 2009 following currency change to USD. The Labour Court found his claims prescribed and that he had acquiesced to contract variation.
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