Zimbabwe Sugarcane Development Association v Clemence Rashai

LC/MS/18/16

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Case Details

Court

Labour Court

Date

22 March 2016

Citation

LC/MS/18/16

Neutral Citation

[2016] ZWLC MS 18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L Hove

Full Bench

L Hove

Areas of Law

Labour LawContract Law

Keywords

fixed term contractnotice of terminationcontract renewaleffluxion of time

Key Issues

{"issue_text":"Whether the arbitrator erred in finding that the respondent was entitled to 3 months' notice pay","issue_type":"law","dispositive":"yes","related_facts":"The nature of the employment contract (fixed term vs continuous)"}
{"issue_text":"Whether the employment contract was for a 2-year term or two consecutive 6-month terms","issue_type":"fact","dispositive":"yes","related_facts":"The actual contract terms and subsequent conduct of the parties"}
{"issue_text":"Whether notice was required when a fixed term contract expires by effluxion of time","issue_type":"law","dispositive":"yes","related_facts":"The termination occurred at the end of the employment relationship"}

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background

Facts of the Case

Background

The respondent was employed on two consecutive 6-month fixed term contracts. After the second contract expired, the employment relationship continued without a new contract until termination. The arbitrator incorrectly found the contract was for 2 years, entitling the respondent to 3 months' notice pay.

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