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Employment Contract re: Fixed Term Contracts, Casualisation of Labour and Tacit Relocation or Tacit Renewal

SC01-12 : AMERICAN FRIENDS SERVICE COMMITTEE vs IRENE CHAUKE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

This is an appeal against the decision of the Labour Court confirming a determination by an arbitrator that there existed an employer/employee relationship between the appellant and the respondent and awarding damages to the respondent for unlawful termination of the contract of employment. Although in its Notice of Appeal, the appellant has stated a number ...
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SC24-14 : KUNDAI MAGODORA AND OTHERS vs CARE INTERNATIONAL ZIMBABWE
Ruled By: MALABA DCJ, PATEL JA and GUVAVA JA

The appellants in this matter were engaged by the respondent on fixed contracts of nine (9) months duration. The last such contract was fixed from 1 October 2006 to 30 June 2007. By letter dated 27 March 2007, the respondent purported to terminate the appellants' contracts of employment before their scheduled date of expiry. ...
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SC64-15 : TELONE (PVT) LTD vs BIGBOY SENGENDE
Ruled By: ZIYAMBI JA, GARWE JA and GOWORA JA

The question which fell to be determined in this appeal is whether, on a correct interpretation of section 12B(3)(b) of the Labour Act [Chapter 28:01], the respondent was unfairly dismissed. Subsection (3) provides as follows: “(3) An employee is deemed to have been unfairly dismissed - (a) If the employee terminated the contract of employment with or ...
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SC48-14 : ZIMTILE (PRIVATE) LIMITED vs CHINTENGO and 64 OTHERS
Ruled By: ZIYAMBI JA

The judgment of the Labour Court sought to be appealed against made certain findings of law one of which was, that the applicant had 'casualised labour' by requiring the respondents to sign successive fixed term contracts. The Labour Court also found that a legitimate expectation, allegedly held by the respondents to be hired as permanent ...
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SC71-15 : SIMBI (STEELMAKERS) (PRIVATE) LIMITED vs M. SHAMU and OTHERS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

This is an appeal against the decision of the Labour Court dismissing an appeal against the award of an arbitrator made in favour of the respondents. Background The respondents, who are forty-three in number, were employed by the appellant on monthly contracts that were continuously renewed. In the longest instance, the employee's contract had been renewed ...
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SC11-19 : MEDECINS SANS FRONTIERS (MSF) BELGIUM vs VENGAI NHOPI and OTHERS
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

This is an appeal against the entire judgment of the Labour Court upholding the arbitrator's decision that by inviting the respondents for interviews after the termination of their fixed term contracts, the appellant had created in them, a legitimate expectation for their re-engagement as provided for and within the contemplation of section 12B(3)(b) of the Labour ...
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HH217-15 : GODFREY GURIRA and ESTATE LATE OBERT NDAWI and HILTON CHIKUYA and LAZARUS NEMBAWARE vs ZIMBABWE COUNCIL FOR HIGHER EDUCATION (ZIMCHE) and ROSELINE NHAMO and MASTER OF THE HIGH COURT
Ruled By: ZHOU J

This is an application for the setting aside of an arbitral award rendered by the second respondent in a contractual dispute between the applicants and the first respondent. The application is being made in terms of Article 34(2)(b)(ii) of the Schedule to the Arbitration Act [Chapter 7:15].The application is opposed ...
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SC12-21 : TOBACCO PROCESSORS ZIMBABWE (PRIVATE) LIMITED vs TONGOONA MUTASA and OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and CHATUKUTA AJA

This is an appeal against the whole judgment of the Labour Court upholding the National Employment Council - Tobacco Grievance and Disciplinary Committee's (NEC GDC Committee) finding that the appellant tacitly renewed the respondents' contracts of employment.FACTUAL BACKGROUNDThe following facts are common cause. The respondents were employed by the appellant ...
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SC04-18 : ZIMBABWE REVENUE AUTHORITY vs CHESTER MUDZIMUWAONA
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

This was an appeal against the whole judgment of the Labour Court delivered on 17 May 2012. After perusing the record and hearing the submissions of the parties, this Court allowed the appeal and indicated that the reasons would be availed in due course.The following are the reasons for the ...
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SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

On 26 January 2017, this Court, in SC01-17, adjudicating over the parties' dispute, remitted the matter to the Labour Court (the court a quo) for a determination of the following issues:“To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010, and the minutes ...
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SC01-17 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

This is an appeal against the judgment of the Labour Court setting aside an arbitral award in favour of the appellants which upheld their claim for the payment of arrear salaries and benefits.BackgroundThe appellants, being 153 in number, were employed as security guards on fixed-term contracts renewable every three months. ...
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SC143-21 : HAPPISON MUCHECHETERE vs ZIMBABWE BROADCASTING CORPORATION (PVT) LTD and RETIRED JUSTICE JAMES DEVITTE N.O. and GIBSON MUNYORO
Ruled By: GWAUNZA DCJ, UCHENA JA and MAKONI JA

This is an appeal against the entire judgment of the Labour Court handed down on 10 March 2017. The Labour Court dismissed the appellant's application for review challenging the disciplinary proceedings that led to his dismissal from the first respondent's employment.There were no appearances for the second and third respondents.FACTUAL ...
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