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Employment Contract re: Termination iro Retrenchment and Severance Agreements

SC23-11 : MUKUNDI PLASTICS (PVT) LTD vs ELIJAH CHASEKWA and THIRTEEN OTHERS
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

The respondents were retrenched as a result of an application for voluntary retrenchment. The retrenchment was approved by the Retrenchment Board and payment was made in the respondents' accounts on 16 January 2009. On or about 29 July 2009, the respondents, discontented by the fact that their packages were paid in Zimbabwean dollars, took the matter ...
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HH59-10 : INTERCONTINENTAL HOLDINGS (PVT) LTD vs VERONICA NECHITIMA AND TEN MWANZA AND FOUR OTHERS
Ruled By: MTSHIYA J

It is common cause that the respondents in this matter were employed by the applicant until retrenched on the basis of a retrenchment package approved by the Ministry of Public Service, Labour and Social Welfare on 7 June 2006. Each respondent's terms and conditions of retrenchment were:- “3 months' severance pay; 2 months per full year worked ...
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SC06-15 : BALLANTYNE BUTCHERY (PRIVATE) LIMITED t/a DANMEATS vs EDMORE CHISVINGA & OTHERS
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

This appeal arises from the application of two retrenchment agreements that were entered into between the parties on 23 January 2009. The first agreement stipulated the payment of specified terminal benefits, while the second provided for various payments in kind, i.e. fuel coupons and pork bones. The latter package was duly paid out and ...
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HH12-13 : ANDREW MILLS vs TANGANDA TEA COMPANY LIMITED
Ruled By: PATEL J

This matter involves two separate claims by the applicant as against the same respondent in Case Nos. HC11737/11 and HC279/12. The two claims emanate from the same cause of action and involve the same facts in issue between the same parties. They were accordingly consolidated, by consent, on 19 November 2012 through a chamber application ...
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HH27-13 : ARNOLD SIKHUMBUZO MAHLANGU vs C Z L INCORPORATED (PRIVATE) LIMITED
Ruled By: MAKONI J

On the merits, the respondent contends that the letter on which the claim is based states that the figure of US$15,900= excludes tax. The applicant is therefore not entitled to the amount claimed. The applicant conceded that the amount claimed is subject to tax. He then produced a tax directive which he alleges he obtained from ...
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HH187-14 : CHRISTMAS MAZARIRE vs OLD MUTUAL SHARED SERVICES (PRIVATE) LIMITED
Ruled By: MTSHIYA J

This is an urgent application wherein the applicant seeks the following relief:- “PROVISIONAL ORDER TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms:- 23. The purported termination of the applicant's contract of employment by the respondent by letter dated 31st March 2014 is declared ...
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SC16-13 : FREDA REBECCA GOLD MINE HOLDINGS LIMITED vs M NHLIZIYO and 180 ORS
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

THE BACKGROUND The respondents are all former employees of the appellant. In or about April 2007, upon consideration of its financial viability due to reduced production levels, the appellant decided to retrench the respondents so as to reduce its operational costs and notified the respondents of its intention to do so. Negotiations then took place ...
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SC32-18 : ZESA HOLDINGS (PRIVATE) LIMITED vs ITAYI UTAH
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

This is an appeal against the whole judgment of the Labour Court handed down on 20 February 2015. FACTUAL BACKGROUND The respondent was employed by the appellant as an Apprentice Distribution Electrician on 17 September 1984. He rose through the ranks until he was promoted to the position of Technical Services Director in terms of a contract dated 27 August 2004. ...
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HB253-16 : MBERIKUNASHE MASVIBO and 14 OTHERS vs TN HARLEQUIN LUXAIRE LIMITED
Ruled By: MAKONESE J

The definition of retrenchment, as set out in the Labour Act, is as follows: “Retrench, in relation to an employee, means terminate the employee's employment contract for the purpose of reducing expenditure or costs, adapting to technological change, re-organising the undertaking in which the employee is employed, or for similar reasons, and includes the termination of employment on ...
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SC16-19 : AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY vs FRANCIS BAURENI and 18 OTHERS
Ruled By: GARWE JA, PATEL JA and MAKONI JA

This is an appeal against the judgment of the Labour Court dismissing an appeal and review application instituted by the appellant against a decision of the Retrenchment Board (the Board). The decision was communicated to the parties on 28 April 2017. Background The respondents were employed by the appellant in various capacities. Their contracts were terminated on three ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

Section 12C of the Labour Act [Chapter 28:01] was repealed and substituted as follows: “12C Retrenchment and compensation for loss of employment on retrenchment or in terms of section 12(4a) (1) An employer who wishes to retrench any one or more employees shall - (a) Give written notice of his or her intention - (i) To the works council established for ...
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HH656-15 : INNOCENT CHITIKI vs PAN AFRICAN MINING (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

The plaintiff issued summons on 25 March 2011 for the payment of a sum of USD$8,936=56, being the balance due to him from the defendant in terms of an agreed early retirement package. The defendant adopted the stance that it had paid all the amounts due to the plaintiff in terms of the parties' agreement. The issue ...
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HH152-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEDGE MATURURE
Ruled By: MATHONSI J

The procedure for retrenchment of employees is provided for in section 12C of the Labour Act. Section 13 provides: “Wages and benefits upon termination of employment (1) Subject to this Act or any regulations made in terms of this Act, where any person - (a) Is dismissed from employment or his employment is otherwise terminated; or (b) Resigns from his employment; or (c) Is ...
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HH207-15 : G BANK ZIMBABWE LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

The procedure set out in section 12C of the Labour Act [Chapter 28:01], for retrenchment, is that the employer who wishes to retrench more than four (4) people, must, within six months, give written notice of its intention to the Works Council for the undertaking, and, in its absence, to ...
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SC48-20 : EMMA KUNDISHORA vs ZIMBABWE RED CROSS SOCIETY
Ruled By: HLATSHAWO JA, MAKONI JA and BERE JA

This is an appeal against part of the judgment of the Labour Court setting aside an arbitral award in terms of which the respondent was ordered to pay the appellant the sum of US$17,500.THE BACKGROUNDThe appellant was employed by the respondent as a Secretary General. On 2 June 2012, the ...
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SC105-20 : CHRISTMAS MAZARIRE vs THE RETRENCHMENT BOARD and OLD MUTUAL SHARED SERVICES (PVT) LTD
Ruled By: MAKARAU JA, GOWORA JA and HLATSHWAYO JA

On 12 October 2015, the first respondent declined jurisdiction to quantify the appellant's retrenchment package upon the termination of his employment with the second respondent.Aggrieved by the decision, the appellant brought a review application before the Labour Court, seeking among other relief, to have the first respondent's decision set aside. ...
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SC32-09 : VIMBAI MBISVA vs RAINBOW TOURISM GROUP LIMITED t/a RAINBOW HOTEL & TOWERS
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

This is an appeal against a judgment of the Labour Court which set aside an arbitral award made in favour of the appellant.The background facts may be tabulated conveniently as follows:1. The appellant (“Vimbai”) was employed by the respondent (“the Hotel”) as a supervisor.2. On 18 January 2005 the Hotel ...
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SC46-16 : HWANGE COLLIERY COMPANY LTD vs TENDAI MAKUTE and DEPUTY SHERIFF, HWANGE
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and HLATSHWAYO JA

After perusing papers filed of record and hearing counsel in this matter we allowed the appeal with costs. We indicated therein that our reasons would follow in due course. These are they.The respondent was formerly employed by the appellant. Sometime in September 2012, the appellant obtained approval from the Ministry ...
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HH183-17 : ZB RETRENCHEES vs ZIMBABWE BROADCASTING HOLDINGS
Ruled By: MAKONI J

On 19 June 2002, the applicants and the respondent entered written into a retrenchment package agreement (agreement). The pertinent terms of the agreement were as captured in LC/H/70/2005 by MAKAMURE J where she stated the following:“The retrenchment undertakes to pay the employees who have been retrenched the following retrenchment package:(a) ...
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SC07-17 : CHRIS STYLIANOU and FRED DRIVER AND SONS (PVT) LTD and D.R. HENDRY (PVT) LTD vs MOSES MUBITA AND 25 OTHERS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

This is an appeal against the entire judgment of the Labour Court sitting at Bulawayo, handed down on 18 January 2010. After reading documents filed of record and hearing counsel, we made the following order:“IT IS ORDERED:1. The appeal be and is hereby allowed.2. There shall be no order as ...
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CC06-20 : ISOQUANT INVESTMENTS (PRIVATE) LIMITED t/a ZIMOCO vs MEMORY DARIKWA
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and BHUNU JCC

Section 12C(2) of the Labour Act [Chapter 28:01] provides, that, unless better terms are agreed between the employer and the employees concerned or their representatives, a package (“the minimum retrenchment package”) of not less than one month's salary or wages for every two years of service as an employee (or ...
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