Roselyne Dzapatsa & 9 Others v Frog Cables

[2020] ZWLC 296

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Case Details

Court

Labour Court

Date

4 December 2020

Citation

[2020] ZWLC 296

Judgment No.

LC/H/296/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawEmployment Law

Keywords

retrenchmentvoluntary terminationarbitral awardquestion of lawwaiver

Key Issues

{"issue_text":"Whether the Arbitrator misdirected himself on facts amounting to question of law in finding appellants accepted retrenchment offer","issue_type":"mixed","dispositive":"yes","related_facts":"Letter of 2 March 2015, counter-offers made, acknowledgment of receipt"}
{"issue_text":"Whether appellants waived their right to challenge retrenchment","issue_type":"law","dispositive":"yes","related_facts":"Acceptance of benefits, withdrawal of pension"}
{"issue_text":"Whether it was proper to give effect to an illegal agreement","issue_type":"law","dispositive":"yes","related_facts":"Non-compliance with Section 12 C, below minimum package"}

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background

Facts of the Case

Background

Ten employees appealed against an arbitral award that dismissed their claims of unlawful termination. The respondent company, facing economic challenges, offered employees options of short-time work or voluntary retrenchment. The appellants allegedly accepted retrenchment, received termination benefits, but later claimed unlawful termination.

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