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Labour Court
NetOne Cellular (Private) Limited v Marovanyika FV N.O & 2 Ors
LC/H/46/2023
Case Details
Court
Labour Court
Date
23 February 2023
Citation
LC/H/46/2023
Neutral Citation
[2023] ZWLC 46
Outcome
unknown
Case Type
Application
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour LawEmployment Law
Keywords
termination on noticeGreatermans casesection 12(4) Labour Amendment Actcompensationconflicting judgments
Tags
termination on noticeleave to appealstatutory interpretation
legislation
Statutes Cited
- Labour Amendment Act 2015
- Labour Amendment Act 2015
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to appeal should be granted where there are conflicting Labour Court judgments on interpretation of termination on notice provisions","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of conflicting judgments on termination on notice"}
- {"issue_text":"Whether the employer's common law right to terminate on notice is retained under section 12(4) of the Labour Amendment Act 2015","issue_type":"law","dispositive":"no","related_facts":"Payment of compensation by NetOne Cellular under section 12(4)(c)"}
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background
Facts of the Case
Background
NetOne Cellular applied for leave to appeal to the Supreme Court regarding the interpretation of termination on notice provisions under the Labour Amendment Act 2015. The applicant contended that conflicting judgments from the Labour Court required definitive resolution by the Supreme Court on whether employers retain the common law right to terminate on notice provided compensation is paid under section 12(4)(c).
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