Brenda Garudzo N.O. v Florence Sigudu-Matambo and Transmedia Corporation (Pvt) Ltd

LC/H/161/2023

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Case Details

Court

Labour Court

Date

14 June 2023

Citation

LC/H/161/2023

Neutral Citation

[2023] ZWLC 161

Outcome

unknown

Case Type

Application

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour LawEmployment ContractsPublic Entities Law

Keywords

tacit renewalfixed term contractPublic Entities Corporate Governance ActCEO tenurestatutory compliance

Key Issues

{"issue_text":"Whether the employment contract was tacitly renewed after expiry on 28 February 2020","issue_type":"mixed","dispositive":"yes","related_facts":"Contract expiry date, employer's failure to communicate termination, employee's continued role"}
{"issue_text":"Whether the Public Entities Corporate Governance Act prohibits renewal of CEO contract beyond 10 years","issue_type":"law","dispositive":"yes","related_facts":"Employee served over 10 years, employer is public entity, section 17 of the Act"}

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background

Facts of the Case

Background

The 1st respondent worked as CEO for 2nd respondent on renewable fixed term contracts from October 2009, with the last contract expiring on 28 February 2020. After termination on 29 March 2020, she claimed unfair dismissal. The applicant (Labour Officer) ruled in her favour, finding tacit renewal of the employment contract. The employer opposed confirmation of this ruling, arguing statutory limitations under the Public Entities Corporate Governance Act.

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