Triangle (Private) Limited v Fungai George Mutasa (NO) (2) A.B Morar (3) A.J Bosch (4) E. Eston (5) E. Gavaza (6) A.J. Van Rensburg (7) R.T Karidza (8) L. Mabika (9) D.I. Manclintosh (10) I. Middleton (11) Mushoriwa

Key Issues

• {"issue_text":"Whether the matter referred to the labour officer was a dispute or an unfair labour practice, and whether the claim was prescribed in terms of Section 94(2) of the Labour Act.","issue_type":"procedural","dispositive":"yes","related_facts":"The respondents referred the matter as an unfair labour practice. The appellant argued prescription based on separate monthly causes of action."}
• {"issue_text":"Whether the Labour Court was correct in confirming the labour officer's finding that the appellant had an obligation to pay the benefits.","issue_type":"law","dispositive":"yes","related_facts":"The appellant argued it was not privy to the agreement with the parent company. The labour officer found the appellant had accepted liability in its letter."}
• {"issue_text":"Whether the Labour Court correctly confirmed the order directing the appellant to pay additional tax losses.","issue_type":"law","dispositive":"yes","related_facts":"The labour officer ordered payment of \"additional tax losses\" which had not yet arisen."}
• {"issue_text":"Whether the Labour Court could, in confirmation proceedings, re-hear submissions and amend the ruling.","issue_type":"procedural","dispositive":"no","related_facts":"The Labour Court amended the draft ruling to remove references to the managing director and board of directors."}

Background