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Labour Court

Zimbabwe Agriculture Society v Jeremiah Kapesa and 56 Others

JUDGMENT NO LC/H/8/25

Case Details

Court
Labour Court
Date
7 January 2025
Citation
JUDGMENT NO LC/H/8/25
Neutral Citation
[2024] ZWLC 8
Judgment No.
LC/H/8/25
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G. Musariri
Full Bench
G. Musariri
Areas of Law
Labour LawEmployment Contracts
Keywords
collective bargaining agreementforeign currencydesignated agent determinationworks councilexemption
Tags
USD wagesZWL paymentindustrial agreementdesignated agent
legislation
Statutes Cited
  • Labour Act Chapter 28:01
  • Labour Act Chapter 28:01
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the industrial agreement to split wages into USD and ZWL components was registered in terms of the Labour Act.","issue_type":"law","dispositive":"no","related_facts":"The existence of a collective bargaining agreement."}
  • {"issue_text":"Whether the industrial agreement was legally binding.","issue_type":"law","dispositive":"no","related_facts":"The appellant's failure to comply with the agreement."}
  • {"issue_text":"Whether, despite the agreement, the appellant could lawfully pay the USD component of the wages in ZWL.","issue_type":"law/mixed","dispositive":"yes","related_facts":"The appellant paid the USD portion in ZWL at the bank rate."}
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background
Facts of the Case

Background

The appellant employer and respondents (employees) had a collective bargaining agreement for wages to be paid 75% USD and 25% ZWL. The appellant, without obtaining formal exemption, paid a portion of the USD wages in ZWL at the bank rate. The Designated Agent ordered the appellant to pay the USD difference, which the appellant appealed.
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