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Labour Court
R Dhlamo and 5 Others v Yellowcob Enterprises t/a Braeside Spar
[2016] ZWLC 780
Case Details
Court
Labour Court
Date
9 December 2016
Citation
[2016] ZWLC 780
Judgment No.
LC/H/780/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour LawEmployment Contracts
Keywords
fixed-term contractslegitimate expectationunfair dismissalcontract renewalburden of proof
Tags
fixed-term contractslegitimate expectationcontract renewal
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether continual renewal of fixed-term contracts gives rise to legitimate expectation of continued employment","issue_type":"law","dispositive":"yes","related_facts":"Appellants had contracts renewed multiple times since April 2012"}
- {"issue_text":"Whether courts differentiate legitimate expectations between NGOs and private sectors","issue_type":"law","dispositive":"no","related_facts":"Appellants argued arbitrator considered different case law"}
- {"issue_text":"Whether arbitrator erred in placing burden of proof on appellants","issue_type":"law","dispositive":"no","related_facts":"Appellants claimed respondent should have produced employment records"}
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background
Facts of the Case
Background
Six employees on fixed-term contracts since April 2012 were given notices of non-renewal in December 2013. They claimed unfair dismissal based on legitimate expectation of renewal, but the arbitrator dismissed their claim. They appealed to the Labour Court.
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