City of Harare v Memory Chiheya

[2013] ZWLC 97

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Case Details

Court

Labour Court

Date

22 January 2013

Citation

[2013] ZWLC 97

Judgment No.

LC/H/97/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Matanda-Moyo

Full Bench

L. Matanda-Moyo

Areas of Law

Labour LawContract Law

Keywords

unfair labour practiceappointmentofferacceptancecouncil resolutionlegitimate expectation

Key Issues

{"issue_text":"Whether the council resolution constituted a valid offer of employment that could be accepted by the respondent","issue_type":"law","dispositive":"yes","related_facts":"Council resolution of 29 May 2008, offer never communicated to respondent"}
{"issue_text":"Whether the respondent had legitimate expectation to be appointed to the position","issue_type":"law","dispositive":"no","related_facts":"Respondent discovered council resolution, resolution was never communicated officially"}

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background

Facts of the Case

Background

The respondent, an employee of City of Harare, applied for a Personal Assistant position in May 2008. After interviews, she was placed as alternate candidate. When the first choice declined the offer, the respondent was not appointed despite a council resolution suggesting she should be offered the post. The matter went to arbitration where the arbitrator found unfair labour practice and ordered appointment or compensation.

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