Rodney Manzini and Liberty Nyamowa v BBR (Pvt) Ltd

HB 68/19

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Case Details

Court

Bulawayo High Court

Date

9 May 2019

Citation

HB 68/19

Neutral Citation

[2019] ZWHB 68

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Labour LawContract Law

Keywords

voluntary retrenchmentmemorandum of agreementtermination by mutual consentbinding contract

Key Issues

{"issue_text":"Whether memorandum of agreements for voluntary retrenchment signed on 12 August 2016 are valid and binding","issue_type":"mixed","dispositive":"yes","related_facts":"Agreements signed by both parties, employment terminated per agreement, respondent attempted cancellation"}
{"issue_text":"Whether High Court has jurisdiction to hear labour dispute","issue_type":"procedural","dispositive":"no","related_facts":"Respondent argued Labour Court has exclusive jurisdiction"}

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background

Facts of the Case

Background

Two former employees sought court declaration that voluntary retrenchment agreements signed on 12 August 2016 were valid and binding. The employer had invited applications for voluntary retirement, accepted their applications, signed agreements, then attempted to cancel the retrenchment and recall employees to work.

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