Merchant Bank of Central Africa v F. Chibvongodze and 15 Others

LC/H/681/14

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Case Details

Court

Labour Court

Date

9 January 2015

Citation

LC/H/681/14

Neutral Citation

[2014] ZWLC 681

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour LawEmployment Benefits

Keywords

garden leavevacation leaveretrenchmentleave conversionunfair labour practice

Key Issues

{"issue_text":"Whether the employees were properly notified that their garden leave had been converted to vacation leave","issue_type":"factual","dispositive":"yes","related_facts":"Letters dated 4 October 2011, employees' denial of notification"}
{"issue_text":"Whether the arbitrator should have heard evidence from Gisela Kombe regarding the leave conversion letters","issue_type":"procedural","dispositive":"yes","related_facts":"Letters authored by Gisela Kombe, evidence given by Mr Chisi"}

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Facts of the Case

Background

Sixteen former employees of Merchant Bank of Central Africa were retrenched after being placed on "garden leave" where they remained on call. The employees claimed they were owed payment for outstanding leave days, arguing they were never notified that their garden leave had been converted to vacation leave. The arbitrator found this constituted unfair labour practice and ordered payment.

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