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Labour Court

Bhauren Mhuma v Bindura University of Science Education

[2014] ZWLC 731

Case Details

Court
Labour Court
Date
24 October 2014
Citation
[2014] ZWLC 731
Judgment No.
LC/H/731/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour LawEmployment ContractsArbitration
Keywords
contract renewalautomatic renewalnotice periodsatisfactory performancearbitral award
Tags
contract renewalarbitration appealnotice requirementsperformance evaluation
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred by considering automatic renewal when this was not an issue before him","issue_type":"procedural","dispositive":"no","related_facts":"Contract renewal clause, arbitrator's terms of reference"}
  • {"issue_text":"Whether the arbitrator erred in awarding 3 months' salary in lieu of notice instead of ordering reinstatement","issue_type":"law","dispositive":"yes","related_facts":"Failure to give 3 months' notice, appellant's performance rating"}
  • {"issue_text":"Whether the arbitrator erred in declining to award damages","issue_type":"law","dispositive":"no","related_facts":"Claims for damages, evidence presented"}
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background
Facts of the Case

Background

The appellant, a bursar employed by the respondent university, appealed against an arbitral award that denied him automatic renewal of his three-year employment contract. The contract contained a renewal clause requiring satisfactory performance and three months' notice of non-renewal, which the respondent failed to provide.
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