fixed term contractscontract renewallegitimate expectationres judicataarbitrationunfair dismissal
Tags
fixed term contractslegitimate expectationres judicataarbitration appeal
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred in finding that 51 claimants who had not instituted the originating action were properly before him","issue_type":"procedural","dispositive":"no","related_facts":"List of claimants produced by consent during arbitration"}
{"issue_text":"Whether the arbitrator erred in allowing leading of evidence after parties had made their cases","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator invited supplementary evidence under Article 23 of Model Law"}
{"issue_text":"Whether fixed term contracts could mutate into permanent contracts based on renewal despite exclusion clauses","issue_type":"law","dispositive":"yes","related_facts":"Contracts renewed multiple times, contained exclusion clauses"}
{"issue_text":"Whether the matter was res judicata based on previous arbitration award","issue_type":"law","dispositive":"yes","related_facts":"Previous award by Arbitrator Gohodzi on similar issues"}
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background
Facts of the Case
Background
Respondents were employed by the Municipality of Marondera on fixed term contracts that were periodically renewed until 29 October 2013 when they were not renewed. They claimed legitimate expectation of renewal based on past practice and a Council resolution. The matter went to arbitration where the arbitrator ruled in their favour, leading to this appeal.
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