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Labour Court

Agnes Samu & 4 Others v T.M. Supermarkets (Private) Limited

[2013] ZWLC 37

Case Details

Court
Labour Court
Date
25 October 2013
Citation
[2013] ZWLC 37
Judgment No.
LC/MC/37/13
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawEmployment contracts
Keywords
Legitimate expectationFixed-term contractsContract renewalDiscrimination
Tags
Fixed-term contractsLegitimate expectationArbitration appeal
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator failed to uphold the principle of legitimate expectation","issue_type":"law","dispositive":"yes","related_facts":"Fixed-term contracts regularly renewed; contracts lapsed without renewal"}
  • {"issue_text":"Whether the arbitrator failed to adopt, observe or get influenced by clear judicial precedence","issue_type":"law","dispositive":"no","related_facts":"Appellants relied on similar judgments ruling employees became permanent by passage of time"}
  • {"issue_text":"Whether the arbitrator erred by ignoring alleged discrimination against appellants","issue_type":"procedural","dispositive":"no","related_facts":"Allegation that similar employees had contracts renewed"}
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background
Facts of the Case

Background

Five employees who had been employed on fixed-term contracts between 1999 and 2005 had their contracts lapse between July and September 2010 without renewal. They claimed unlawful dismissal based on legitimate expectation of renewal, but an arbitrator dismissed their claims on 23 February 2011.
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