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Labour Court
Mouline Gomendo v Paramount Garment Works
[2013] ZWLC 425
Case Details
Court
Labour Court
Date
13 September 2013
Citation
[2013] ZWLC 425
Judgment No.
LC/H/425/13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G Mhuri
Full Bench
G Mhuri
Areas of Law
Employment LawContract Law
Keywords
marker-in gradetypographical errorcontra preferentemcollective bargaining agreementupgrading
Tags
employment gradingtypographical errorcollective bargaining agreement
legislation
Statutes Cited
- Collective Bargaining Agreement for the Clothing Industry
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding that \"Grade 4 Marker 1\" was a typographical error","issue_type":"mixed","dispositive":"yes","related_facts":"Contract form showed different position but salary remained unchanged"}
- {"issue_text":"Whether the contra preferentem rule applies to the typographical error","issue_type":"law","dispositive":"yes","related_facts":"Ambiguity in contract wording"}
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background
Facts of the Case
Background
Appellant claimed she was employed as Marker-in 1 grade 5 based on a contract form showing this position, while respondent argued it was a typographical error and appellant remained Marker-in 2 grade 4. The appellant continued receiving Marker-in 2 grade 4 salary and applied for upgrading which was declined.
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