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Labour Court

Norton Town Council v Lameck Ndiya & 7 Ors

[2025] ZWLC 424

Case Details

Court
Labour Court
Date
15 October 2025
Citation
[2025] ZWLC 424
Judgment No.
LC/H/424/25
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Mzyece J
Full Bench
Mzyece J
Areas of Law
Labour lawCollective bargainingEmployment benefits
Keywords
gratuitysalary arrearsRTGSUSDStatutory Instrument 33 of 2019arbitral awardunfair labour practice
Tags
gratuitysalary arrearsarbitral awardcurrency conversionministerial directive
legislation
Statutes Cited
  • Finance Act No. 2 of 2019
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Arbitrator erred in ordering payment of salary arrears that had already been paid in full","issue_type":"mixed","dispositive":"yes","related_facts":"Salary arrears paid in October 2021, admitted by respondents"}
  • {"issue_text":"Whether payment of USD-denominated arrears using RTGS at 1:1 rate per SI 33/2019 was lawful","issue_type":"law","dispositive":"yes","related_facts":"Arrears accrued in 2018 USD, paid in 2021 RTGS, SI 33/2019 provisions"}
  • {"issue_text":"Whether the 2014 Works Council proposal constituted a binding collective bargaining agreement for gratuity calculation","issue_type":"law","dispositive":"no","related_facts":"Works Council minutes of 25 June 2014, no Council resolution adopted"}
  • {"issue_text":"Whether employees who retired before the 2019 gratuity recommendation are entitled to gratuity","issue_type":"mixed","dispositive":"no","related_facts":"1st and 5th Respondents retired in 2018, HR Committee recommendation in 2019"}
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background
Facts of the Case

Background

Norton Town Council appealed against an arbitral award ordering payment of gratuity and salary arrears to former employees. The Council had paid salary arrears in RTGS currency in 2021 for debts accrued in USD in 2018, relying on Statutory Instrument 33 of 2019. The employees argued payment should have been in USD at market value. The Council also contested gratuity payments to two retirees who had left before the 2019 Human Resources Committee recommendation.
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