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Labour Court
Elvis Machikiti v 1st Respondent Company & 2nd Respondents
JUDGMENT NO. LC/H/597/16
Case Details
Court
Labour Court
Date
19 September 2016
Citation
JUDGMENT NO. LC/H/597/16
Neutral Citation
[2016] ZWLC 597
Judgment No.
LC/H/597/16
Outcome
unknown
Case Type
Application
Bench
Presiding
UNKNOWN
Author
None
Full Bench
UNKNOWN
Areas of Law
Labour LawConstitutional Law
Keywords
Section 93(5) Labour ActLabour Amendment Act No. 5 of 2015Constitutional referralRetrenchment packages
Tags
Constitutional referralLabour Act amendmentRetrenchment packages
legislation
Statutes Cited
- Constitution of Zimbabwe
- Labour Act
- Labour Amendment Act No. 5 of 2015
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Section 18 of the Amendment Act violates Section 56(1) of the Constitution and should therefore be struck down","issue_type":"constitutional","dispositive":"yes","related_facts":"Retrospective application of Labour Amendment Act No. 5 of 2015"}
- {"issue_text":"Whether Section 18 of the Amendment Act violates Section 3(2)K of the Constitution and should therefore be struck down","issue_type":"constitutional","dispositive":"yes","related_facts":"Retrospective application of Labour Amendment Act No. 5 of 2015"}
- {"issue_text":"Whether Section 93(5) of the Act as amended is in contravention of Section 169(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Constitutional validity of Section 93(5) Labour Act"}
- {"issue_text":"Whether Section 93(5) of the Act as amended is in contravention of Section 68(1) and 69(2) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Constitutional validity of Section 93(5) Labour Act"}
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background
Facts of the Case
Background
The Applicant, a Designated Agent for the Employment Council for the Food and Allied Industries, made a ruling in favor of the 2nd Respondents (former employees) against their former employer (1st Respondent) regarding payment of minimum retrenchment packages under the Labour Amendment Act No. 5 of 2015. The 1st Respondent opposed the confirmation of this ruling and filed a counter-application seeking constitutional referral of several issues.
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