Rita Marque Mbatha v National Foods (Private) Limited

[2021] ZWCCZ 6

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Case Details

Court

Constitutional Court

Date

13 July 2021

Citation

[2021] ZWCCZ 6

Judgment No.

CCZ 06/21

Outcome

unknown

Case Type

Application

Bench

Presiding

GOWORA AJCC

Full Bench

GARWE AJCCGOWORA AJCCHLATSHWAYO AJCC

Areas of Law

Constitutional lawLabour law

Keywords

Leave to appealConstitutional matterConstructive dismissalFundamental rights

Key Issues

{"issue_text":"Whether the application for leave to appeal is properly before the Court","issue_type":"procedural","dispositive":"yes","related_facts":"No constitutional matter determined by Supreme Court"}
{"issue_text":"Whether a constitutional matter was determined by the court a quo","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court only considered constructive dismissal under labour law"}

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background

Facts of the Case

Background

The applicant, formerly employed as a personal assistant, claimed constructive dismissal after being reassigned to a different position following company restructuring. After multiple appeals through labour arbitration and courts, the Supreme Court dismissed her appeal. She then sought leave to appeal to the Constitutional Court alleging violation of her constitutional rights.

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