G. Chayambuka & 52 Others v Lutheran Development Services

[2016] ZWLC 799

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Case Details

Court

Labour Court

Date

16 December 2016

Citation

[2016] ZWLC 799

Judgment No.

LC/H/799/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour lawEmployment contracts

Keywords

Fixed term contractsLegitimate expectationReplacementSection 12B(3)Labour Act

Key Issues

{"issue_text":"Whether engaging a private security company to provide services constitutes \"replacement\" under section 12B(3) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Respondent engaged private security company after appellants' contracts expired; 18 security guards were among appellants"}
{"issue_text":"Whether job advertisements placed three months after contract expiry constitute evidence of replacement under section 12B(3)","issue_type":"law","dispositive":"yes","related_facts":"Advertisements placed in March 2014 for contracts that expired July-December 2013; adverts covered only 3 positions while 35 employees (excluding security guards) were involved"}

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background

Facts of the Case

Background

The appellants, who were employed by the respondent on fixed term contracts, had their contracts expire between July and December 2013 without renewal. They claimed unfair dismissal under section 12B(3) of the Labour Act, arguing they had legitimate expectation of renewal and were replaced. The arbitrator dismissed their complaint, finding no replacement by natural persons occurred.

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