C Thomford & 6 Others v City of Harare

[2014] ZWLC 684

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Case Details

Court

Labour Court

Date

10 October 2014

Citation

[2014] ZWLC 684

Judgment No.

LC/H/684/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour lawCollective bargainingEmployment contracts

Keywords

Acting allowanceSubstantive appointmentCollective Bargaining AgreementGrade 16 to Grade 11Harare Municipal Undertaking

Key Issues

{"issue_text":"Does clause 18(d)(5)(d) of the Collective Bargaining Agreement create automatic entitlement to substantive appointment after acting for more than twelve months?","issue_type":"law","dispositive":"yes","related_facts":"Appellants acted for over five years; clause limits acting to twelve months maximum"}
{"issue_text":"Should acting allowance for Zimbabwe dollar era be paid in US dollars?","issue_type":"law","dispositive":"no","related_facts":"Acting allowance accrued during 2006-2009 Zimbabwe dollar era"}
{"issue_text":"Are appellants entitled to acting allowance for period after termination of acting appointments?","issue_type":"fact","dispositive":"no","related_facts":"Acting appointments terminated 31 January 2012"}

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Facts of the Case

Background

Seven employees of City of Harare acted in higher grade positions from 2005-2010. They claimed unpaid acting allowances and substantive appointment to the positions. After conciliation settled the allowance issue, arbitration ruled they weren't entitled to automatic substantive appointment. Both parties appealed aspects of the decision.

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