VOEDSEL TOBACCO INTERNATIONAL v WILTON MUTUPIRI

JUDGMENT NO LC/H/409/16

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Case Details

Court

Labour Court

Date

8 July 2016

Citation

JUDGMENT NO LC/H/409/16

Neutral Citation

[2016] ZWLC 409

Judgment No.

LC/H/409/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P Muzofa

Author

MUZOFA, J

Full Bench

P Muzofa

Areas of Law

Labour LawContract Law

Keywords

supervening impossibilityvis majorcasus fortuitousfixed term contracttermination

Key Issues

{"issue_text":"Whether the contract became incapable of performance due to a casus fortuitous event (no more tobacco to buy).","issue_type":"law","dispositive":"yes","related_facts":"Termination based on lack of tobacco; contract drafted by appellant; tobacco season timing."}
{"issue_text":"Whether the arbitrator misdirected himself by dismissing the appellant's defence of supervening impossibility.","issue_type":"law","dispositive":"yes","related_facts":"Appellant's grounds of appeal."}

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background

Facts of the Case

Background

The appellant engaged the respondent on a fixed term contract as a tobacco buyer from 4 March to 4 August 2015. The appellant terminated the contract on 7 June 2015, claiming there was no more tobacco to buy. The respondent referred the dispute to arbitration, and the arbitrator ordered payment for the unexpired period. The appellant appeals this decision.

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