Meja Pwanyiwa v Shamva Gold Mine

[2024] ZWSC 97

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Case Details

Court

Supreme Court

Date

29 October 2024

Citation

[2024] ZWSC 97

Judgment No.

SC 97/24

Outcome

unknown

Case Type

Application

Bench

Presiding

UCHENA JA

Full Bench

UCHENA JA

Areas of Law

Labour lawEmployment contractsSupreme Court rules

Keywords

condonationnon-compliancefixed duration contractcontract workerSI 109 of 1993underground workpermanent employee

Key Issues

{"issue_text":"Whether applicant provided reasonable explanation for delay and has prospects of success to warrant condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple defective applications, self-representation, delay 2023-07-18 to 2024-04-17"}
{"issue_text":"Whether fixed-term contract of underground worker must be converted to permanent employment under SI 109 of 1993","issue_type":"mixed","dispositive":"no (obiter)","related_facts":"Applicant worked underground, contract terminated 2022-03-31"}

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Facts of the Case

Background

Applicant, a former contract employee of respondent mine, sought condonation to appeal Labour Court dismissal of his claim for permanent employee status and damages for unlawful termination. His fixed-term contract ended 31 March 2022; he later signed with contractor Hardsoft Investments. He contended underground contract workers must be permanent per SI 109 of 1993.

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