Chikomba Rural District Council v Kenneth Mundopa

[2025] ZWSC 49

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Case Details

Court

Supreme Court

Date

26 June 2025

Citation

[2025] ZWSC 49

Judgment No.

SC 49/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Bhunu JA

Full Bench

Bhunu JAChiweshe JAMusakwa JA

Areas of Law

Labour LawEmployment Law

Keywords

repudiation of employment contractprolonged absenceemployer-employee relationshipgrant payment

Key Issues

{"issue_text":"Whether repudiation of employment contract was an issue before arbitrator and if not, whether court a quo was correct in dismissing application to raise it for first time on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Repudiation not raised before arbitrator; raised on appeal"}
{"issue_text":"Who was respondent's employer at time of termination of employment contract","issue_type":"mixed","dispositive":"no","related_facts":"Salary paid by Ministry through grant; appellant claimed Ministry was employer"}

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background

Facts of the Case

Background

The respondent employee was absent from work for one and a half years without leave. The appellant employer considered him to have repudiated his contract. The arbitrator and Labour Court found he remained an employee entitled to reinstatement. The Supreme Court found the Labour Court erred in refusing to consider the repudiation issue.

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