Morgan Paradza v Mashonaland Tobacco Company

HH 187-23

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Case Details

Court

Harare High Court

Date

15 March 2023

Citation

HH 187-23

Neutral Citation

[2023] ZWHH 187

Outcome

unknown

Case Type

Application

Bench

Presiding

CHINAMORA J

Full Bench

CHINAMORA J

Areas of Law

Labour lawHigh Court jurisdiction

Keywords

Fixed term contractSeasonal contractLabour Court jurisdictionDeclaratur

Key Issues

{"issue_text":"Does the High Court have jurisdiction to hear labour matters at first instance?","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute arises from employment contract"}
{"issue_text":"Is the applicant's claim disguised as a declaratur to avoid Labour Court jurisdiction?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks declaratory order on employment contracts"}

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background

Facts of the Case

Background

The applicant, employed by Mashonaland Tobacco Company as a messenger since 2006 under a fixed term contract, alleged his salary was reduced without consent in 2009 and his contract was changed to seasonal in 2015. He sought a declaratory order to determine which contract governed the parties' relationship.

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