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Supreme Court
Ronald Kandemiri and 56 Others v First Capital Bank Limited
[2025] ZWSC 22
Case Details
Court
Supreme Court
Date
7 March 2025
Citation
[2025] ZWSC 22
Judgment No.
SC 22/25
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHATUKUTA JA
Full Bench
GUVAVA JAMAKONI JACHATUKUTA JA
Areas of Law
Labour lawStatutory interpretation
Keywords
RetrenchmentWorks councilConsultationSection 25A(5)Section 12CLabour Act
Tags
Labour lawRetrenchment proceduresWorks council consultationStatutory interpretation
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an employer is required to consult the Works Council when it intends to retrench five or more employees","issue_type":"law","dispositive":"yes","related_facts":"Retrenchment of 57 employees; meetings held; no consultation process"}
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background
Facts of the Case
Background
The respondent bank retrenched 57 employees including the appellants in August 2019. The appellants challenged the retrenchment as procedurally unfair, arguing the respondent failed to consult the Works Council as required by section 25A(5) of the Labour Act. The Designated Agent set aside the retrenchment, but the Labour Court allowed the bank's appeal, holding that the proviso to section 25A(5) exempts retrenchments of five or more employees from consultation requirements.
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