Tambudzai Nduna v Triangle Tyres t/a Ribitiger

[2020] ZWLC 302

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Case Details

Court

Labour Court

Date

18 December 2020

Citation

[2020] ZWLC 302

Judgment No.

LC/H/302/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawEmployment law

Keywords

RetrenchmentTermination on noticeSection 12C Labour ActStatutory Instrument 186/2003Form LRR1

Key Issues

{"issue_text":"Whether the retrenchment exercise was lawfully conducted in accordance with statutory provisions","issue_type":"law","dispositive":"yes","related_facts":"Retrenchment notice not on Form LRR1, not sent to Retrenchment Board"}
{"issue_text":"Whether the termination was pursuant to retrenchment or termination on notice","issue_type":"mixed","dispositive":"no","related_facts":"Two conflicting letters issued, contract without limitation of time"}

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Facts of the Case

Background

Appellant challenged her dismissal disguised as retrenchment. Respondent issued two letters - first terminating contract on notice due to economic hardship, second notifying intention to retrench. Designated agent found retrenchment lawful. Appellant appealed arguing retrenchment procedure not followed.

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