Sirtech Investments (Pvt) Ltd v Simbarashe Chirure & Ors

Key Issues

• {"issue_text":"Whether section 39(5) of Statutory Instrument 244 of 1999 applies to circumstances where an employer instructs employees not to attend work due to viability problems","issue_type":"law","dispositive":"yes","related_facts":"Appellant's financial viability problems; instruction not to attend work"}
• {"issue_text":"Whether respondents are entitled to wages during period of lay-off when not recalled to work","issue_type":"law","dispositive":"yes","related_facts":"Appellant had not recalled respondents; no evidence of changed circumstances"}
• {"issue_text":"Whether the arbitrator erred in finding that section 39(5) did not apply to appellant's circumstances","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's finding that section 39 was designed for weather-related work stoppages"}

Background