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Supreme Court

Zimbabwe Open University v Perpetual Joy Ndekwere

Judgment No. SC 52/19

Case Details

Court
Supreme Court
Date
13 June 2019
Citation
Judgment No. SC 52/19
Neutral Citation
[2019] ZWSC 52
Judgment No.
SC 52/19
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Garwe JA
Full Bench
Garwe JAGuvava JAMavangira JA
Areas of Law
Labour LawAdministrative Law
Keywords
Legitimate ExpectationPoint in LimineGrounds of AppealFixed Term ContractArbitration
Tags
Unfair DismissalLegitimate ExpectationAppeal Procedure
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Labour Court erred in finding that the grounds of appeal did not raise points of law.","issue_type":"procedural","dispositive":"yes","related_facts":"The nature of the grounds of appeal filed in the Labour Court."}
  • {"issue_text":"Whether the Labour Court should have dismissed the appeal or struck it off the roll.","issue_type":"procedural","dispositive":"no","related_facts":"The Labour Court's finding that the appeal was invalid."}
  • {"issue_text":"Whether the respondent had a legitimate expectation of her contract being renewed.","issue_type":"mixed","dispositive":"yes (on remittal)","related_facts":"The recommendations for renewal and the acting appointment."}
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background
Facts of the Case

Background

The respondent was employed by the appellant as Finance Director on a fixed-term contract. Before its expiry, committees recommended her contract be renewed. However, upon expiry, she was appointed in an acting capacity indefinitely. Over a year later, she was given three months' notice of termination. The arbitrator found she had a legitimate expectation of renewal and was unfairly dismissed. The Labour Court dismissed the appellant's appeal on a procedural point, leading to this Supreme Court appeal.
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