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Labour Court
Mzimukhulu Lodge v Siyeni Tapeni & Anor
[2023] ZWLC 266
Case Details
Court
Labour Court
Date
11 September 2023
Citation
[2023] ZWLC 266
Judgment No.
LC/H/266/2023
Outcome
unknown
Case Type
Appeal
Bench
Presiding
B.T Chivizhe
Full Bench
B.T Chivizhe
Areas of Law
Labour lawEmployment contractsUnfair dismissal
Keywords
exemptionunpaid leaveselective applicationfixed term contractrepudiation
Tags
unfair labour practiceexemption applicationfixed term contractrepudiation
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Designated Agent committed gross errors of fact in awarding salary arrears during exemption period","issue_type":"fact","dispositive":"yes","related_facts":"Exemption granted for October-December 2021"}
- {"issue_text":"Whether there was selective application of exemption","issue_type":"fact","dispositive":"yes","related_facts":"Allegation that other employees worked during exemption"}
- {"issue_text":"Whether 1st respondent repudiated employment contract","issue_type":"mixed","dispositive":"yes","related_facts":"Absence from January 2022 for over 6 months"}
- {"issue_text":"Whether 2nd respondent remained employee after May 2020","issue_type":"mixed","dispositive":"yes","related_facts":"Fixed term contract expiry, no renewal"}
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background
Facts of the Case
Background
The appellant employer appealed against a Designated Agent's determination that found unlawful termination of two employees' contracts and awarded them reinstatement and salary arrears. The employees claimed unfair labour practice regarding selective application of exemption from paying wages during COVID-19 period.
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