LOBELS BREAD (PVT) LTD v EDMORE CHIKU

JUDGMENT NO. LC/H/170/25

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Case Details

Court

Labour Court

Date

13 February 2025

Citation

JUDGMENT NO. LC/H/170/25

Neutral Citation

[2025] ZWLC 170

Judgment No.

LC/H/170/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MRS JUSTICE E. MAMAKURE

Author

MAKAMURE J

Full Bench

MRS JUSTICE E. MAMAKURE

Areas of Law

Employment LawLabour LawStatutory Interpretation

Keywords

Fixed term contractsPermanent employmentStatutory Instrument 257/2018WaiverDeeming provisionsCasualizationUnlawful dismissal

Key Issues

{"issue_text":"Whether the respondent waived his right to become a permanent employee by signing fixed term contracts after being deemed permanent under S.I. 257/2018","issue_type":"law","dispositive":"yes","related_facts":"Respondent's continued signing of fixed term contracts after May 2023"}
{"issue_text":"Whether the deeming provision in section 3 of S.I. 257/2018 was rebutted by countervailing evidence of continued contract signing","issue_type":"law","dispositive":"yes","related_facts":"Respondent's admission of continued contract signing"}
{"issue_text":"Whether fixed term contracts entered into after being deemed permanent were null and void","issue_type":"law","dispositive":"yes","related_facts":"Continued signing of fixed term contracts despite deeming provision"}

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background

Facts of the Case

Background

The respondent was employed by the appellant on monthly fixed term contracts since February 2014. Under Statutory Instrument 257/2018, after 4.5 years of continuous fixed term employment, he was deemed to have become a permanent employee on 1 May 2023. However, he continued signing fixed term contracts until June 2024 when a dispute arose. The arbitrator found he had been unlawfully dismissed and ordered reinstatement.

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