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Labour Court

Shalone Girandera and 9 Others v Population Services International

[2025] ZWLC 124

Case Details

Court
Labour Court
Date
19 March 2025
Citation
[2025] ZWLC 124
Judgment No.
LC/H/124/25
Outcome
unknown
Case Type
Cross-Appeal

Bench

Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Employment LawContract Law
Keywords
employment relationshipindependent contractorsupervening impossibilityCOVID-19 pandemicback paycash in lieu of leave
Tags
employment statusindependent contractorCOVID-19supervening impossibility
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appellants were employees or independent contractors of the respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Contract terms, level of control, economic realities, payment method, tax deductions"}
  • {"issue_text":"Whether there was unlawful dismissal of the appellants","issue_type":"mixed","dispositive":"yes","related_facts":"COVID-19 stoppage, contract terms on termination, timing of supermarket letters"}
  • {"issue_text":"Whether the appellants were entitled to back pay for April-September 2020","issue_type":"mixed","dispositive":"yes","related_facts":"COVID-19 impact, supervening impossibility, no work performed"}
  • {"issue_text":"Whether the appellants were entitled to cash in lieu of leave","issue_type":"mixed","dispositive":"yes","related_facts":"Employment status, failure to prove extent of leave entitlement"}
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background
Facts of the Case

Background

The appellants provided roving merchandising services to respondent in supermarkets until April 2020 when they were stopped due to COVID-19. Disputes arose over whether they were employees or independent contractors, unlawful dismissal, back pay, and cash in lieu of leave. After proceedings before labour officer, Labour Court and Supreme Court, DA Mutsago determined they were employees but had not been unlawfully dismissed and were not entitled to back pay or cash in lieu of leave.
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