Enock Chungu & 147 Others v African Sun (Private) Limited

[2024] ZWLC 181

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Case Details

Court

Labour Court

Date

22 April 2024

Citation

[2024] ZWLC 181

Judgment No.

LC/H/181/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Murasi J

Full Bench

Murasi JChivizhe J

Areas of Law

Labour lawRetrenchment procedures

Keywords

Section 12D Labour ActSection 12C Labour ActRetrenchment processConsultationProcedural fairness

Key Issues

{"issue_text":"Whether the Designated Agent erred in ruling that respondent complied with section 12D(2) by adopting alternative measures without agreement with employees","issue_type":"law","dispositive":"yes","related_facts":"Respondent adopted alternative measures (50% pay) instead of shift work/short time; no agreement with employees on specified measures"}
{"issue_text":"Whether the Designated Agent erred in ruling that non-involvement of individual employees in retrenchment negotiations did not invalidate the process","issue_type":"law","dispositive":"yes","related_facts":"Workers committee represented employees; individual employees not directly involved; section 12C requirements"}

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Facts of the Case

Background

The appellants, 148 former employees of African Sun (Private) Limited, appealed against a decision that their retrenchment during the Covid-19 pandemic was fair and procedurally compliant. The respondent closed hotels due to the pandemic, initially paid full salaries, then 50% wages, and eventually retrenched employees after obtaining Retrenchment Board approval.

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