Super Trading v Ishmael Kapitano and Others

[2013] ZWLC MS 03

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Case Details

Court

Labour Court

Date

22 November 2013

Citation

[2013] ZWLC MS 03

Judgment No.

LC/MS/03/2013

Outcome

unknown

Case Type

Cross-Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Employment LawLabour Arbitration

Keywords

fixed term contractsovertimeunderpaymentterminal benefits

Key Issues

{"issue_text":"Whether the Respondents were underpaid","issue_type":"mixed","dispositive":"no","related_facts":"Underpayment during March-April 2011, mutual agreement dispute"}
{"issue_text":"Whether the Respondents worked overtime","issue_type":"mixed","dispositive":"no","related_facts":"Time records kept by employer, Section 125 obligations"}
{"issue_text":"Whether the Respondents were given requisite notice in terms of the law","issue_type":"law","dispositive":"no","related_facts":"Fixed term contract expiry, Section 12(4) requirements"}
{"issue_text":"Whether the respondents were entitled to be paid for leave days","issue_type":"mixed","dispositive":"no","related_facts":"Employer failed to prove leave exhaustion"}

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Facts of the Case

Background

The respondents were employed by the appellant on fixed term contracts as shop assistants and cashier. After their contracts expired, they lodged claims for unpaid salaries, overtime, unfair dismissal and terminal benefits. An arbitrator found in their favour and ordered payment of US$1,957.12. The appellant appealed while respondents cross-appealed.

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