Riverside School v Tatenda Tandi

[2024] ZWLC 159

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Case Details

Court

Labour Court

Date

9 April 2024

Citation

[2024] ZWLC 159

Judgment No.

LC/H/159/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour LawEmployment ContractsUnfair Dismissal

Keywords

termination on noticefixed term contractLabour Amendment Act 11 of 2023designated agent jurisdictionunlawful dismissal

Key Issues

{"issue_text":"Did the Designated Agent have jurisdiction to determine the dispute?","issue_type":"procedural","dispositive":"no","related_facts":"Section 63(3a) of Labour Act empowers DA to redress disputes"}
{"issue_text":"Was the termination of respondent's contract on notice lawful under the Labour Amendment Act 2023?","issue_type":"law","dispositive":"yes","related_facts":"Termination occurred after amendment; no mutual agreement; not resignation/retirement"}
{"issue_text":"Was the respondent entitled to payment for unexpired portion of fixed-term contract?","issue_type":"law","dispositive":"yes","related_facts":"Fixed-term contract unlawfully terminated before expiry"}

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background

Facts of the Case

Background

The appellant employed the respondent as a bursar on a fixed-term contract expiring 31 December 2024. On 7 August 2023, the appellant terminated the contract on 4 months' notice under clause 9.2. The respondent claimed unlawful dismissal and terminal benefits before a Designated Agent, who found in her favour. The appellant appealed.

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