Thandekile Zulu v ZB Financial Holdings (Private) Limited

SC 48/18

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Case Details

Court

Supreme Court

Date

27 July 2018

Citation

SC 48/18

Neutral Citation

[2018] ZWSC 48

Outcome

unknown

Case Type

Appeal

Bench

Presiding

ZIYAMBI JA

Author

HLATSHWAYO JA

Full Bench

ZIYAMBI JAGARWE JAHLATSHWAYO JAGUVAVA JAUCHENA JA

Areas of Law

Labour lawStatutory interpretation

Keywords

Sick leaveSection 14(4) Labour ActCalendar yearAnniversary yearTermination of employment

Key Issues

{"issue_text":"What is the correct interpretation of \"any one-year period of service\" under s 14(4) of the Labour Act?","issue_type":"law","dispositive":"no","related_facts":"Appellant exceeded 180-day sick leave limit over 251-day period"}
{"issue_text":"Does an employer have an unfettered right to terminate employment under s 14(4) of the Labour Act without notice to the employee?","issue_type":"law","dispositive":"yes","related_facts":"Employer terminated employment without prior notice"}

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background

Facts of the Case

Background

The appellant was employed as a clerk from 1991 to 2009. She fell ill in January 2009 and was on sick leave for 251 days. The respondent terminated her employment under s 14(4) of the Labour Act. The appellant challenged the dismissal as unfair.

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