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Supreme Court
T. M. Supermarkets (Private) Limited v Itayi Nkomo & 2 Ors
SC 26/18
Case Details
Court
Supreme Court
Date
8 May 2018
Citation
SC 26/18
Neutral Citation
[2018] ZWSC 26
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GARWE JAGOWORA JABERE AJA
Areas of Law
Labour lawEmployment benefits
Keywords
Performance-based salaryBonus schemeDiscriminationCollective Bargaining Agreement
Tags
Performance-based bonusUnfair labour practiceAudi alteram partem
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether performance-based bonus scheme implemented without consultation constituted unfair labour practice","issue_type":"law","dispositive":"yes","related_facts":"Scheme introduced 2009 without employee consultation; salary disparities resulted"}
- {"issue_text":"Whether arbitrator exceeded terms of reference by ordering normalization of remuneration system","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator ordered normalization beyond back-pay claim"}
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background
Facts of the Case
Background
Three section managers employed by TM Supermarkets challenged the implementation of a performance-based bonus scheme that resulted in them earning less than colleagues at other branches, claiming it constituted unfair labour practice and discrimination.
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