Safeguard Engineering (Private) Limited v Abel Hogo

[2016] ZWLC 2

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Case Details

Court

Labour Court

Date

8 January 2016

Citation

[2016] ZWLC 2

Judgment No.

LC/H/02/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

L M Murasi J

Full Bench

L M Murasi J

Areas of Law

Employment lawContract law

Keywords

fixed term contracteffluxion of timepermanent employeereinstatementdisciplinary proceedings

Key Issues

{"issue_text":"Whether the court misdirected itself in finding the employee was permanently employed","issue_type":"mixed","dispositive":"yes","related_facts":"HR Manager testimony, letter to Edgars Stores, continued remuneration"}
{"issue_text":"Whether the applicant has prospects of success on appeal to Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"All factual and legal findings below"}

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background

Facts of the Case

Background

The applicant employer and respondent employee were involved in a labour dispute where the employee was initially reinstated after conciliation and signed a fixed term warrant. When the warrant expired in August 2012, the employee refused to sign a new contract claiming he was permanently employed. The employer continued paying him without a written contract until May 2013 when disciplinary proceedings were instituted. The NEC found in favour of the employee, and the Labour Court dismissed the employer's appeal.

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