Barzem Enterprises (Private) Limited v Golden Penduka, Tendai Nyatsanga, Ben Zindoga and Mupangani Faith N.O.

SC 60/19

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Case Details

Court

Supreme Court

Date

18 July 2019

Citation

SC 60/19

Neutral Citation

[2019] ZWSC 60

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKARAU JA

Full Bench

GARWE JAMAKARAU JAHLATSHWAYO JA

Areas of Law

Labour lawEmployment terminationRetrenchment procedures

Keywords

Termination on noticeRetrenchmentLabour ActNyamande v Zuva PetroleumSection 12CSection 12(4)(a)

Key Issues

{"issue_text":"Whether labour officer committed gross irregularity by failing to determine the retrenchment issue raised by employees","issue_type":"procedural","dispositive":"yes","related_facts":"Employees raised alternative claims of retrenchment and unlawful dismissal; labour officer only determined unlawful dismissal"}
{"issue_text":"Whether termination of multiple employees on notice constitutes unlawful retrenchment requiring compliance with section 12C","issue_type":"mixed","dispositive":"no","related_facts":"17 employees terminated concurrently as cost-cutting measure"}

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background

Facts of the Case

Background

The appellant terminated 17 employees including first and third respondents on three months' notice without giving reasons. Employees approached labour officer claiming this was unlawful retrenchment. Labour officer found termination unlawful and ordered reinstatement or damages. Labour Court confirmed the ruling.

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