Peterhouse Group of Schools' Employees v Peterhouse Group of Schools & Anor

[2016] ZWLC 734

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Case Details

Court

Labour Court

Date

18 November 2016

Citation

[2016] ZWLC 734

Judgment No.

LC/H/734/16

Outcome

unknown

Case Type

Review

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour LawCollective Bargaining

Keywords

exemption agreementcollective bargaining agreementwage exemptionNEC determinationsection 6(1)(a) Labour Actsection 82(1)(a) Labour Act

Key Issues

{"issue_text":"Whether the exemption agreement violated section 6(1)(a) of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"The wages were set under CBA S.I. 102/14; NEC granted exemption based on agreement"}
{"issue_text":"Whether the exemption agreement violated section 82(1)(a) of the Labour Act regarding binding nature of CBAs","issue_type":"law","dispositive":"yes","related_facts":"CBA provides for exemption in section 5; exemption was granted in terms of CBA"}
{"issue_text":"Whether valid grounds for review were established","issue_type":"procedural","dispositive":"yes","related_facts":"Four grounds were listed but some not pursued; 3rd ground related to pre-NEC proceedings"}

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background

Facts of the Case

Background

The applicant employees sought review of a NEC determination that endorsed an exemption agreement between Peterhouse Group of Schools and 129 employees waiving stipulated wages under a Collective Bargaining Agreement. The NEC had granted exemption from prescribed wages based on the agreement between the parties.

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