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Labour Court

Guardian Security v Cecil Muchena

[2014] ZWLC 6

Case Details

Court
Labour Court
Date
28 February 2014
Citation
[2014] ZWLC 6
Judgment No.
LC/MC/06/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E Muchawa
Full Bench
E Muchawa
Areas of Law
Labour LawStatutory Interpretation
Keywords
vacation leave calculationcash in lieu of leaveCollective Bargaining AgreementSI 76 of 2012section 21security industry
Tags
vacation leavecash in lieu of leaveCollective Bargaining AgreementSI 76 of 2012
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in interpreting the provisions of SI 76 of 2012 regarding calculation of cash in lieu of leave","issue_type":"law","dispositive":"yes","related_facts":"Ninety days leave accrued; US$639-00 initially paid; US$220-00 monthly wage"}
  • {"issue_text":"Whether section 21(2) eliminates need to convert leave days to weeks or daily/hourly rates","issue_type":"law","dispositive":"no","related_facts":"Two and a half days leave accrued per month"}
  • {"issue_text":"Whether section 6 applies to conversion of leave days for cash in lieu calculation","issue_type":"law","dispositive":"no","related_facts":"Forty-eight hour work week; deemed work pattern"}
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background
Facts of the Case

Background

The appellant employer appealed against an arbitral award that ordered payment of US$451-00 to the respondent employee as balance of cash in lieu of leave. The respondent, a security guard, had accrued ninety days leave and was initially paid US$639-00. The dispute centered on the correct formula for calculating cash in lieu of leave under the Collective Bargaining Agreement SI 76 of 2012.
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