ZB Financial Holdings v Silence Takavarasha and 4 Others

JUDGMENT NO LC/H/718/13

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Case Details

Court

Labour Court

Date

7 November 2013

Citation

JUDGMENT NO LC/H/718/13

Neutral Citation

[2013] ZWLC 718

Judgment No.

LC/H/718/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Justice B.T. Chivizhe

Author

MURASI, J.

Full Bench

Justice B.T. ChivizheJustice L.M. Murasi

Areas of Law

Labour Law Contract Law

Keywords

employment contractsparent company liabilityarbitral awarddocumentary evidence

Key Issues

{"issue_text":"Whether the Respondents were employed by the parent company or the subsidiary companies","issue_type":"law","dispositive":"yes","related_facts":"Contracts signed on ZB Financial Holdings letterhead but stipulating different entities"}
{"issue_text":"Whether the Arbitrator properly considered the documentary evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator's blanket finding based on letterhead use without considering individual contract terms"}
{"issue_text":"Whether Cleopas Bhasvi could give evidence on behalf of other Respondents","issue_type":"fact","dispositive":"yes","related_facts":"Only Cleopas Bhasvi gave oral evidence; he was not privy to other Respondents' contracts"}

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background

Facts of the Case

Background

Respondents were employed by the Appellant on fixed contracts which were periodically renewed. The Arbitrator found that ZB Financial Holdings was the employer based on the use of its letterhead. The Court found that the Arbitrator failed to consider that contracts were entered into with different entities and that documentary evidence showed a pattern of contracts with both ZB Financial Holdings and its subsidiary ZB Associated Services (Pvt) Ltd.

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