Allfix Security v Never Magwenzi & 4 Ors

[2014] ZWLC 632

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Case Details

Court

Labour Court

Date

26 September 2014

Citation

[2014] ZWLC 632

Judgment No.

LC/H/632/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Mhuri

Full Bench

G Mhuri

Areas of Law

Labour lawUnfair dismissalContract of employment

Keywords

unfair labour practiceprobationary contractfixed term contracttraining deductionsnotice pay

Key Issues

{"issue_text":"Whether the arbitrator erred in finding appellant committed unfair labour practice by terminating respondents' contracts","issue_type":"law","dispositive":"yes","related_facts":"Unilateral contract variation, termination after refusal to accept new terms"}
{"issue_text":"Whether training cost deductions were lawful","issue_type":"law","dispositive":"no","related_facts":"Training benefited both parties, course was relevant to duties"}
{"issue_text":"Whether respondents were entitled to notice pay and final months' salary","issue_type":"fact","dispositive":"no","related_facts":"No proof of payment, employer's contradictory arguments"}

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background

Facts of the Case

Background

Employees were initially engaged on 3-month probationary contracts, then made to sign successive fixed-term contracts with varied terms. When they refused to accept less favourable terms in a subsequent contract, their employment was terminated. The employer deducted training costs and failed to pay notice and salaries for final months.

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