Priscillah Mgazi v Premier Tobacco Auction Floors & Anor

[2020] ZWLC 131

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Case Details

Court

Labour Court

Date

19 June 2020

Citation

[2020] ZWLC 131

Judgment No.

LC/H/131/2020

Outcome

unknown

Case Type

Application

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawEmployment contractsUnfair labour practices

Keywords

Permanent employmentSeasonal employmentUnpaid leaveLabour officer rulingConfirmation application

Key Issues

{"issue_text":"Whether the employment contract was permanent or seasonal","issue_type":"mixed","dispositive":"yes","related_facts":"Contract described as permanent; employer argued seasonal nature"}
{"issue_text":"Whether the 2nd respondent was on authorised unpaid leave","issue_type":"fact","dispositive":"yes","related_facts":"Unsigned leave forms; no evidence of mutual agreement"}
{"issue_text":"Whether fuel and vehicle maintenance allowances were conditional","issue_type":"law","dispositive":"no","related_facts":"Contract provided monthly allowances without conditions"}
{"issue_text":"Whether set-off should have been applied for counter-claims","issue_type":"procedural","dispositive":"no","related_facts":"Employer claimed Peresuh owed money for loans"}

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background

Facts of the Case

Background

The applicant, a labour officer, issued a ruling ordering Premier Tobacco Auction Floors to pay Jerome Peresuh arrear salaries and benefits. Peresuh had claimed 10 months unpaid salary and benefits while the employer argued he was on unpaid leave during off-season. The labour officer found the employment was permanent not seasonal and awarded the claims.

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