WATTLE COMPANY LTD v MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL SERVICES & 52 OTHERS

JUDGMENT NO LC/H/435/16

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Case Details

Court

Labour Court

Date

26 January 2016

Citation

JUDGMENT NO LC/H/435/16

Neutral Citation

[2016] ZWLC 435

Judgment No.

LC/H/435/16

Outcome

unknown

Case Type

Review

Bench

Presiding

R F Manyangadze

Full Bench

R F Manyangadze

Areas of Law

Labour LawAdministrative Law

Keywords

retrenchmentMinisterial approvalquantumpayment periodfinancial capacity

Key Issues

{"issue_text":"Whether the absence of reasons for the approval by the Minister vitiates the retrenchment determination","issue_type":"law","dispositive":"yes","related_facts":"Minister did not give reasons for approval"}
{"issue_text":"Whether the retrenchment determination threatens the viability or survival of the applicant","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's financial position and the quantum of the package"}
{"issue_text":"Whether the payment period should be varied","issue_type":"mixed","dispositive":"yes","related_facts":"Payment period was vaguely stated as \"Retrenchment Board recommended 6 months\""}

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background

Facts of the Case

Background

The applicant company retrenched 52 employees in August 2015. The Minister approved a retrenchment package totaling US$224,517.62, which the applicant contended was grossly unreasonable and threatened its financial survival. The applicant had proposed US$101,413.91 while the retrenchees proposed US$224,517.62.

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