Scanlink (Pvt) Ltd v Average Nzenze & Anor

[2016] ZWLC 495

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Case Details

Court

Labour Court

Date

19 August 2016

Citation

[2016] ZWLC 495

Judgment No.

LC/H/495/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Labour LawEmployment Law

Keywords

termination of employmentretrenchment packagedisciplinary hearingnotice of termination

Key Issues

{"issue_text":"Whether respondents remained employees after 30 September 2015","issue_type":"law","dispositive":"yes","related_facts":"Termination notice dated 31 August 2015; no revocation; extension attempted after termination"}
{"issue_text":"Whether appellant could conduct disciplinary hearings after termination","issue_type":"law","dispositive":"yes","related_facts":"Disciplinary proceedings after 30 September 2015; respondents no longer employees"}
{"issue_text":"Whether respondents entitled to retrenchment packages","issue_type":"law","dispositive":"yes","related_facts":"Termination by notice; contracts without time limit"}

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background

Facts of the Case

Background

The appellant company terminated respondents' employment contracts effective 30 September 2015 due to business operations transfer. After respondents refused to join new employer without receiving terminal benefits, appellant attempted to extend operations and charge respondents with misconduct for absenteeism. Arbitrator ruled contracts terminated by mutual agreement and awarded retrenchment packages.

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