ZESA HOLDINGS v SHEILLA MESO AND 25 OTHERS

JUDGMENT NO. LC/H/208/2013

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Case Details

Court

Labour Court

Date

28 May 2013

Citation

JUDGMENT NO. LC/H/208/2013

Neutral Citation

[2013] ZWLC 208

Judgment No.

LC/H/208/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Author

HOVE L.

Full Bench

L. Hove

Areas of Law

Employment LawLabour Law

Keywords

fixed term contractnotice periodlegitimate expectationunfair dismissalretrenchment

Key Issues

{"issue_text":"Whether the Arbitrator misdirected himself when he held that notice, in terms of the Labour Act [Chapter 28:01] ought to have been given","issue_type":"law","dispositive":"yes","related_facts":"termination of fixed term contracts without notice"}
{"issue_text":"Whether the Arbitrator misdirected himself by finding that the Respondents had a legitimate expectation to be permanently employed","issue_type":"law","dispositive":"yes","related_facts":"continued renewals of contracts"}
{"issue_text":"Whether someone was employed in place of the Respondents by the Appellants in a manner that made the employer breach the provisions of Section 12 B (3) (b) (i) and (ii)","issue_type":"law","dispositive":"yes","related_facts":"engagement of security company Trust Me"}

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background

Facts of the Case

Background

Respondents were employed by ZESA on three-month fixed term contracts which were renewed for periods between 2 and 4 years. On 4 August 2010, ZESA gave notice that the contracts would not be renewed. The respondents claimed unfair dismissal, and an arbitrator upheld their claim, finding that notice should have been given, legitimate expectation existed, and a security company was engaged in their place. ZESA appealed.

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