Schweppes Zimbabwe v Stanley Takaendesa

[2014] ZWLC 107

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Case Details

Court

Labour Court

Date

28 February 2014

Citation

[2014] ZWLC 107

Judgment No.

LC/H/107/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F C Maxwell

Full Bench

F C Maxwell

Areas of Law

Labour LawEmployment Contracts

Keywords

fixed term contractspermanent employments 12(3) Labour Actemployer-employee relationship

Key Issues

{"issue_text":"Whether there existed an employer-employee relationship between Schweppes and Takaendesa","issue_type":"law","dispositive":"yes","related_facts":"Successive fixed term contracts, termination form signed December 2010, contract with Lorimark signed January 2011"}
{"issue_text":"Whether s 12(3) of the Labour Act applied to convert fixed term contracts to permanent status","issue_type":"law","dispositive":"yes","related_facts":"Contracts had specific durations, parties agreed to fixed terms"}
{"issue_text":"Whether the arbitrator erred in not making findings on damages","issue_type":"procedural","dispositive":"no","related_facts":"Damages issue was argued before arbitrator"}

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background

Facts of the Case

Background

The appellant, Schweppes Zimbabwe, employed the respondent on successive one-month fixed term contracts from November 2009 to December 2010. The respondent later signed a contract with Lorimark Staffing Services in January 2011. An arbitrator found that the respondent had become a permanent employee of Schweppes and had been unfairly dismissed, ordering reinstatement and back pay.

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