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Labour Court

W. Mazhangara and 7 Others v Easipark

JUDGMENT NO. LC/H/122/2013

Case Details

Court
Labour Court
Date
17 January 2014
Citation
JUDGMENT NO. LC/H/122/2013
Neutral Citation
[2013] ZWLC 122
Judgment No.
LC/H/122/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Employment LawLabour Law
Keywords
notice paycontract terminationLabour Actarbitral award
Tags
fixed term contractnotice periodlegitimate expectationcash in lieu of notice
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in holding that the Appellants were on fixed-term contracts of one year","issue_type":"fact","dispositive":"no","related_facts":"Nature of contracts, extension by one day"}
  • {"issue_text":"Whether failure to give two months' notice rendered termination unlawful","issue_type":"law","dispositive":"yes","related_facts":"Notice period given (5 days), required notice (2 months)"}
  • {"issue_text":"Whether payment of two months' pay can remedy failure to give proper notice","issue_type":"law","dispositive":"no","related_facts":"Arbitrator ordered one month's payment"}
  • {"issue_text":"Whether extension by one day converted contracts to permanent status","issue_type":"law/mixed","dispositive":"no","related_facts":"Contract duration, extension by one day"}
  • {"issue_text":"Whether Appellants had legitimate expectation of contract renewal","issue_type":"law/mixed","dispositive":"yes","related_facts":"Expansion drive, hiring of new personnel"}
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background
Facts of the Case

Background

The appellants were employed by the respondent on fixed-term contracts of one year. The contracts were terminated with only five days' notice instead of the two months required by Section 12(4)(b) of the Labour Act. The arbitrator ordered payment of one month's salary as cash in lieu of notice, which the appellants appealed, claiming the termination was unlawful due to insufficient notice.
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