Aaron Nyarugwe v Dharwizi Transport (Private) Limited

LC/H/237/2011

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Case Details

Court

Labour Court

Date

22 September 2011

Citation

LC/H/237/2011

Neutral Citation

[2011] ZWLC 237

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T Chivizhe

Full Bench

B.T Chivizhe

Areas of Law

Labour LawEmployment Law

Keywords

Unfair Labour PracticeDiscriminationWage IncrementsPerformance IncentivesNational Employment Council (NEC)

Key Issues

{"issue_text":"Whether the Arbitrator erred at law by determining that the salary increments were incentives while they were actually salary increments","issue_type":"law","dispositive":"no","related_facts":"Nature of the payments made to commercial sector employees"}
{"issue_text":"Whether the Respondent discriminated against the Appellant when it awarded increments to commercial sector employees to the exclusion of meat processing employees, constituting an unfair labour practice","issue_type":"law","dispositive":"yes","related_facts":"Exclusion of meat processing employees from wage increments"}

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background

Facts of the Case

Background

The respondent operates businesses under three different National Employment Councils (Commercial, Baking, and Meat Processing). Between June and August 2009, the respondent awarded performance-based wage increments of 5% to 20% to employees in the commercial sector only, excluding employees in the meat processing and baking sectors. The meat processing employees challenged this as discriminatory and an unfair labour practice.

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