Molanda Murombedzi & Anor v Tataguti Investments t/a Nola Creations

Key Issues

• {"issue_text":"Whether the Arbitrator erred in finding that appellants repudiated their contracts by refusing to sign after three weeks of work","issue_type":"law","dispositive":"yes","related_facts":"Appellants worked three weeks without signed contracts; refused to sign when requested"}
• {"issue_text":"Whether continuous renewal of fixed-term contracts results in permanent employment under Section 12(3) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Five years of successive two-month contracts"}
• {"issue_text":"Whether the employer was guilty of casualisation of labour","issue_type":"law","dispositive":"no","related_facts":"Continuous renewal of short-term contracts over five years"}
• {"issue_text":"Whether the Arbitrator strayed from agreed terms of reference","issue_type":"procedural","dispositive":"no","related_facts":"Terms of reference focused on lawfulness of termination and service package entitlement"}

Background