National Economic Consultative Forum v Dennis Takaidzwa Rwafa

[2013] ZWLC 727

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Case Details

Court

Labour Court

Date

17 January 2014

Citation

[2013] ZWLC 727

Judgment No.

LC/H/727/2013

Outcome

unknown

Case Type

Appeal and Review

Bench

Presiding

P. Muzofa

Full Bench

P. Muzofa

Areas of Law

Labour lawContract law

Keywords

Fixed-term employmentContract expirationTacit relocationSalary variationCurrency conversion

Key Issues

{"issue_text":"Whether respondent became a permanent employee after fixed-term contract expiry","issue_type":"mixed","dispositive":"yes","related_facts":"Contract expired 2005, continued working, resigned 2007, re-engaged 2008"}
{"issue_text":"Whether salary reduction was unilateral","issue_type":"fact","dispositive":"yes","related_facts":"Circular issued November 2006, respondent continued receiving reduced salary"}
{"issue_text":"Whether currency change from USD to ZWD was unilateral","issue_type":"fact","dispositive":"yes","related_facts":"Circulars issued 2005 and 2007, salaries paid in ZWD from 2008"}
{"issue_text":"Whether Labour Court has jurisdiction to review arbitral award","issue_type":"procedural","dispositive":"no","related_facts":"Application for review filed"}

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background

Facts of the Case

Background

The respondent was employed on a three-year fixed-term contract from July 2002 to July 2005. After expiry, he continued working without a new written contract until resigning in October 2007. He was re-engaged in 2008 on same terms. Salary was reduced and converted to Zimbabwe dollars. Respondent claimed he became permanent employee and challenged salary reductions.

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