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Labour Court
Len Smit & Anor v Someden Investments (Pvt) Ltd & Anor
[2016] ZWLC 323
Case Details
Court
Labour Court
Date
16 March 2016
Citation
[2016] ZWLC 323
Judgment No.
LC/H/323/2016
Outcome
unknown
Case Type
Application
Bench
Presiding
R F Manyangadze J
Full Bench
R F Manyangadze J
Areas of Law
Labour lawEmployment contractsDispute resolution procedures
Keywords
Terminal benefitsUnilateral variationCompulsory arbitrationLabour Court jurisdiction
Tags
Terminal benefitsUnilateral contract variationLabour dispute resolution
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Labour Court has jurisdiction to hear a labour dispute that has not been referred to compulsory arbitration after failed conciliation","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate of No Settlement issued; no arbitration conducted; direct filing with Labour Court"}
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background
Facts of the Case
Background
The applicants, former employees of Someden Investments, approached the Labour Court directly seeking terminal benefits and compensation for alleged unlawful termination. The respondents objected that the matter should have first been referred to compulsory arbitration after conciliation failed.
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