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Labour Court

Merjury T Masuka v Mt St Mary's Mission

[2016] ZWLC 205

Case Details

Court
Labour Court
Date
8 April 2016
Citation
[2016] ZWLC 205
Judgment No.
LC/H/205/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E Muchawa
Full Bench
E Muchawa
Areas of Law
Labour LawEmployment Law
Keywords
unfair dismissaldemotionovertimeterminal benefitscollective bargaining agreement
Tags
demotionovertimeterminal benefitsarbitration appeal
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the transfer from tuck shop assistant to cook amounted to a demotion","issue_type":"mixed","dispositive":"no","related_facts":"Transfer from grade 5 to grade 4 position"}
  • {"issue_text":"Whether appellant should be paid for extra duties performed","issue_type":"law","dispositive":"no","related_facts":"Performance of cleaning, laundry, and alleged stores duties"}
  • {"issue_text":"Whether appellant should be compensated for overtime worked","issue_type":"fact","dispositive":"no","related_facts":"Allegation of 1.5 hours daily overtime at priest's house"}
  • {"issue_text":"Whether terminal benefits were improperly calculated and delayed","issue_type":"procedural","dispositive":"no","related_facts":"Claim of incorrect calculation and delayed payment"}
  • {"issue_text":"Whether appellant was denied opportunity to make oral submissions at arbitration","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's claim of procedural unfairness"}
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background
Facts of the Case

Background

The appellant, employed by Mt St Mary's Mission since 2007, was transferred from tuck shop assistant to cook/domestic worker in 2009, then to school kitchen in 2013. She resisted the transfer, was absent without authority, and was dismissed in November 2013. She claimed demotion, extra duties, overtime, and improper terminal benefits calculation.
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