John Madziya N.O v The IYF Zimbabwe Trust & N. Mapfumo

LC/H/76/24

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Case Details

Court

Labour Court

Date

28 February 2024

Citation

LC/H/76/24

Neutral Citation

[2023] ZWLC 76

Outcome

unknown

Case Type

Application

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Employment LawContract Law

Keywords

retention allowancefixed term contractsprescriptioncondition precedentlabour officer

Key Issues

{"issue_text":"Whether the claim for retention allowance had prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Offer made December 2013, project continued beyond June 2014, claim made after 2017"}
{"issue_text":"What was the relevant project end date for purposes of the retention allowance","issue_type":"mixed","dispositive":"yes","related_facts":"Original schedule June 2014, project continued, 2nd respondent claims December 2017"}

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background

Facts of the Case

Background

The 2nd respondent was employed by the 1st respondent under fixed term contracts as finance director. In December 2013, she was offered a retention allowance conditional upon working until the completion of the Zimbabwe Works Project, which was then scheduled to end in June 2014. The project received additional funding and continued beyond June 2014, with new contracts signed that made no reference to retention allowance. The 2nd respondent claimed the retention allowance in 2017, arguing the project ended in December 2017.

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