Medical Investments Limited t/a The Avenues Clinic v Fungai Kazangarare

LC/H/122/2024

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Case Details

Court

Labour Court

Date

21 March 2024

Citation

LC/H/122/2024

Neutral Citation

[2024] ZWLC 122

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Employment lawLabour relations

Keywords

Maternity leaveFixed term contractDiscriminationLegitimate expectationContract renewal

Key Issues

{"issue_text":"Whether the employer discriminated against the employee by denying maternity leave based on her pregnancy","issue_type":"mixed","dispositive":"no","related_facts":"Employee applied for maternity leave, contract expired 31 January 2023, employee completed one year service on 31 January 2023"}
{"issue_text":"Whether the employee had legitimate expectation of contract renewal despite contractual exclusion clause","issue_type":"law","dispositive":"yes","related_facts":"Contract contained clause excluding legitimate expectation, three replacement employees engaged"}

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background

Facts of the Case

Background

The appellant employer appealed against a determination by a Designated Agent that ordered reinstatement of the respondent employee or payment of damages. The employee was on a fixed-term contract from February 2022 to January 2023 and applied for maternity leave which was denied on the basis that it extended beyond the contract expiry date.

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