Zimbabwe Association of Community Radio Services v Joyce Chiriwo

LC/H/595/16

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Case Details

Court

Labour Court

Date

18 May 2016

Citation

LC/H/595/16

Neutral Citation

[2016] ZWLC 595

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour LawContract Law

Keywords

maternity leavefixed term contractlegitimate expectationunfair dismissalcontract expiration

Key Issues

{"issue_text":"Whether the appellant created a legitimate expectation that the respondent's fixed term contract would be renewed by granting maternity leave until after the contract's expiry date","issue_type":"law","dispositive":"yes","related_facts":"Granting of maternity leave until 31 January 2014 while contract expired 31 December 2013"}
{"issue_text":"Whether the respondent was unfairly dismissed under Section 12B(3) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Non-renewal of fixed term contract after maternity leave"}
{"issue_text":"Whether a fixed term contract automatically lapses upon effluxion of time","issue_type":"law","dispositive":"yes","related_facts":"Contract expiration on 31 December 2013"}

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background

Facts of the Case

Background

The respondent was employed on a fixed term contract from January 2013 to December 2013. She was granted maternity leave until 31 January 2014, after which the appellant advised her the contract had expired and would not be renewed. The appellant later offered a new three-month contract, which the respondent declined, claiming the original contract had been renewed by implication.

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