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Labour Court

Lameck Tarasana v City of Harare

LC/H/207/2016

Case Details

Court
Labour Court
Date
8 April 2016
Citation
LC/H/207/2016
Neutral Citation
[2016] ZWLC 207
Outcome
unknown
Case Type
Appeal

Bench

Presiding
P Muzofa J
Full Bench
P Muzofa J
Areas of Law
Labour lawEmployment lawContract interpretation
Keywords
unfair dismissalprocedural irregularitiescertificate of settlementreinstatementemployment contract
Tags
certificate of settlementprocedural irregularitiesreinstatementemployment contract termination
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the certificate of settlement terminated the employment contract between the parties","issue_type":"law","dispositive":"yes","related_facts":"Certificate of settlement provided for six months' salary payment; no mention of termination in certificate"}
  • {"issue_text":"What is the appropriate remedy where a suspension is held to be unlawful","issue_type":"law","dispositive":"no","related_facts":"Appellant alleged unlawful suspension; no evidence of actual suspension"}
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background
Facts of the Case

Background

The appellant was dismissed from employment with the City of Harare after being absent from work from January 2007 to March 2009. A certificate of settlement was entered into compensating him for procedural irregularities, but the respondent refused reinstatement claiming the contract had been terminated.
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