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Labour Court

ZIMBABWE EDUCATIONAL SOCIAL SCIENTIFIC CULTURAL WORKERS UNION v THE INTERNATIONAL HUMANA PEOPLE TO PEOPLE

JUDGMENT NO LC/H/311/13

Case Details

Court
Labour Court
Date
11 June 2013
Citation
JUDGMENT NO LC/H/311/13
Neutral Citation
[2013] ZWLC 311
Judgment No.
LC/H/311/13
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E Muchawa, President
Full Bench
E Muchawa, PresidentP Muzofa, President
Areas of Law
Labour LawContract Law
Keywords
fixed term contractrenewalpermanent employmentdonor fundingILO Convention
Tags
fixed term contractsunfair dismissalperpetual renewallegitimate expectation
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
  • Private Voluntary Organisations Act [Chapter 17:05]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator made a gross misdirection factually which amounts to a point of law on whether Appellants refused to sign their contracts","issue_type":"fact","dispositive":"yes","related_facts":"Appellants' refusal to sign contracts, claim of seeking legal advice"}
  • {"issue_text":"Is the continuous renewal of fixed term contracts illegal and does such renewal give birth to a contract without limit of time","issue_type":"law","dispositive":"yes","related_facts":"Continuous renewals over 1-9 years, donor-funded NGO status"}
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background
Facts of the Case

Background

The appellants were employees of the respondent on fixed term contracts that expired on 31st May 2011. The respondent, a donor-funded NGO, offered contract renewals, but the appellants did not sign them, claiming they sought legal advice. The appellants then claimed unfair dismissal, arguing that continuous renewals created permanent contracts.
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