Gold Driven Tobacco (Pvt) Ltd v Kennedy Muchayi & Paradzayi Gavi

Key Issues

• {"issue_text":"Can fixed term employment contracts be lawfully terminated on notice before expiry date?","issue_type":"law","dispositive":"yes","related_facts":"Contracts contained termination clause; no misconduct alleged; financial reasons for termination"}
• {"issue_text":"Did the arbitrator err in finding that contracts did not provide for termination on notice?","issue_type":"law","dispositive":"yes","related_facts":"Contract clause stated \"Notice of termination will be three months in writing by either party\""}
• {"issue_text":"Was the termination unilateral and amounting to unfair labour practice?","issue_type":"law","dispositive":"no","related_facts":"No mutual agreement; termination for commercial reasons"}
• {"issue_text":"Did first respondent accept termination by signing full and final settlement?","issue_type":"fact","dispositive":"no","related_facts":"Signed acknowledgment of terminal benefits; accepted payment in full settlement"}
• {"issue_text":"Was there legal basis to order payment of salaries to contract expiry?","issue_type":"law","dispositive":"yes","related_facts":"Termination found lawful; no basis for additional payments"}

Background