NMB Bank Limited v Ashton Kupara and 25 Others

[2022] ZWLC 62

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Case Details

Court

Labour Court

Date

11 March 2022

Citation

[2022] ZWLC 62

Judgment No.

LC/H/62/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour LawEmployment Law

Keywords

Termination of employmentNotice terminationStatutory complianceWaiver of rights

Key Issues

{"issue_text":"Whether employer can lawfully terminate employment on notice outside the scenarios in Section 12(4a) of Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Termination on notice without compliance with Section 12(4a)"}
{"issue_text":"Whether employees waived their right to challenge termination by accepting terminal benefits","issue_type":"law","dispositive":"no","related_facts":"Acceptance of benefits after termination"}

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background

Facts of the Case

Background

NMB Bank Limited terminated employment of 26 employees on three months' notice. The Designated Agent of NEC Banking Undertaking set aside the terminations, finding them unlawful. The bank appealed, arguing it had common law right to terminate on notice and that employees waived their rights by accepting benefits.

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