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Labour Court
Gift Nyemba and William Brown v Enterprise Dog Handler Unit
LC/H/288/2016
Case Details
Court
Labour Court
Date
25 February 2016
Citation
LC/H/288/2016
Neutral Citation
[2016] ZWLC 288
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawEmployment contractsCollective bargaining
Keywords
overtimeworks counciltime off compensationstatutory instrument 45/93
Tags
overtime compensationworks council agreementtime off in lieu
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the works council agreement compensating overtime with time off violates section 6(1) of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"252-hour monthly work schedule, 208-hour statutory maximum"}
- {"issue_text":"Whether section 7(2)(b) of SI 45/93 permits overtime compensation through time off","issue_type":"law","dispositive":"yes","related_facts":"Mutual agreement for 9 days off after 21 working days"}
- {"issue_text":"Whether the agreement required registration to be binding","issue_type":"procedural","dispositive":"no","related_facts":"Agreement operated unregistered from 2005"}
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background
Facts of the Case
Background
Former employees claimed overtime pay for working 252 hours monthly instead of statutory 208 hours. A 2005 works council agreement provided compensation through 9 days off after every 21 working days instead of overtime pay.
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