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Labour Court

Self Help Development Foundation v Tabitha Makoni & 2 Others

[2016] ZWLC 315

Case Details

Court
Labour Court
Date
7 March 2016
Citation
[2016] ZWLC 315
Judgment No.
LC/H/315/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
B S Chidziva
Full Bench
B S Chidziva
Areas of Law
Employment lawContract law
Keywords
Contractual relationshipEmployee transferTrustArbitrator award
Tags
Contractual relationshipTransfer of employeesTrust liability
legislation
Statutes Cited
  • Criminal Justice Act 2003
  • European Convention on Human Rights
  • Human Rights Act 1998
  • Prison Act 1952
  • Offender Rehabilitation Act 2014
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Constitutional Reform Act 2005
  • Senior Courts Act 1981
  • Tribunals, Courts and Enforcement Act 2007
  • Inquiries Act 2005
  • Freedom of Information Act 2000
  • Data Protection Act 2018
  • Immigration Act 1971
  • Nationality, Immigration and Asylum Act 2002
  • Borders, Citizenship and Immigration Act 2009
  • Immigration Act 2014
  • Immigration Act 2016
  • Extradition Act 2003
  • Crime (Sentences) Act 1997
  • Powers of Criminal Courts (Sentencing) Act 2000
  • Criminal Justice and Court Services Act 2000
  • Criminal Justice and Immigration Act 2008
  • Coroners and Justice Act 2009
  • Legal Services Act 2007
  • Courts Act 2003
  • Constitutional Reform and Governance Act 2010
  • Fixed-term Parliaments Act 2011
  • European Union (Withdrawal) Act 2018
  • European Union (Withdrawal Agreement) Act 2020
  • Internal Market Act 2020
  • United Kingdom Internal Market Act 2020
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there was a contractual relationship between the appellant (SHDF Trust) and the respondents","issue_type":"law","dispositive":"yes","related_facts":"Respondents were transferred to SHD Savings and Credit Company; Tabitha Makoni signed contract with SHD Savings and Credit"}
  • {"issue_text":"Whether the arbitrator erred in making an award against the trust instead of individual trustees","issue_type":"law","dispositive":"no","related_facts":"Award was made against SHDF Trust"}
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background
Facts of the Case

Background

The respondents were previously employed by the appellant trust but were transferred to SHD Savings and Credit Company. The arbitrator awarded them payment for leave and wages against the trust, but the court found they had no contractual relationship with the trust.
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