Simbarashe Malunga & 2 Others v Shingirai Youth Centre

[2013] ZWLC 680

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Case Details

Court

Labour Court

Date

6 December 2013

Citation

[2013] ZWLC 680

Judgment No.

LC/H/680/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L Kudya

Full Bench

L Kudya

Areas of Law

Labour lawEmployment contracts

Keywords

casual workerspermanent employeesarbitrationreinstatement

Key Issues

{"issue_text":"Whether the arbitrator erred in finding appellants were casual employees when they had worked beyond statutory casual employment limits","issue_type":"mixed","dispositive":"yes","related_facts":"Worked more than 6 weeks in consecutive four months; worked over 2 years; on 2 week contracts at termination"}
{"issue_text":"Whether the appeal raised points of law as required by Section 98(10)","issue_type":"procedural","dispositive":"no","related_facts":"Appellants argued arbitrator failed to exercise discretion properly"}

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Facts of the Case

Background

The appellants, employed by respondent in varying capacities for over 2 years, challenged their dismissal and underpayment at arbitration. The arbitrator ruled they were casual workers. They appealed, arguing they had become permanent employees by operation of law due to working beyond statutory casual employment limits.

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