Murewa Rural District Council v Tendai Kamuti and 7 Others

[2023] ZWLC 230

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Case Details

Court

Labour Court

Date

26 July 2023

Citation

[2023] ZWLC 230

Judgment No.

LC/H/230/2023

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chivizhe J

Full Bench

Chivizhe J

Areas of Law

Labour lawEmployment contractsUnfair dismissal

Keywords

Fixed term contractsOpen-ended contractsUnlawful terminationSalary arrearsDesignated Agent determination

Key Issues

{"issue_text":"Whether the Designated Agent erred in finding that respondents were engaged on open-ended contracts","issue_type":"mixed","dispositive":"yes","related_facts":"No initial written contracts produced; Section 12(3) Labour Act applies"}
{"issue_text":"Whether the Designated Agent erred in awarding claims for unpaid salaries","issue_type":"mixed","dispositive":"no","related_facts":"Section 125 Labour Act places onus on employer to keep records"}

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background

Facts of the Case

Background

The appellant council employed the respondents on 31 January 2022 after their contracts with Romania International expired. The respondents claimed they were engaged on open-ended contracts while the appellant contended they were on fixed-term contracts. The appellant terminated the respondents' employment on 24 September 2022. The Designated Agent found the termination unlawful and ordered reinstatement or damages in lieu, plus salary arrears.

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