Tirabi Mhaka & 25 Others v Thomas Meikles Stores (Pvt) Ltd

JUDGMENT NO. LC/H/458/2016

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Case Details

Court

Labour Court

Date

2 June 2016

Citation

JUDGMENT NO. LC/H/458/2016

Neutral Citation

[2016] ZWLC 458

Judgment No.

LC/H/458/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Murasi J

Full Bench

Murasi J

Areas of Law

Labour LawEmployment Law

Keywords

de facto retrenchmentsection 12(4)retrenchment packagearbitration awardcitation of parties

Key Issues

{"issue_text":"Whether the citation of the respondent as \"Thomas Meikles Stores\" instead of \"Greatermans Stores (1979) (Pvt) Limited\" rendered the appeal a nullity.","issue_type":"procedural","dispositive":"yes","related_facts":"The respondent's legal persona is Greatermans Stores (1979) (Pvt) Limited, but the trade name is Thomas Meikles Stores."}
{"issue_text":"Whether the termination of the appellants' contracts under section 12(4) of the Labour Act constituted a de facto retrenchment, given that a retrenchment package had been approved by the Retrenchment Board.","issue_type":"law","dispositive":"yes","related_facts":"The Retrenchment Board approved a retrenchment package, but the respondent terminated contracts under section 12(4) instead."}

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background

Facts of the Case

Background

The appellants were employees of the respondent who were informed of a intended retrenchment exercise. The Retrenchment Board approved a retrenchment package, but the respondent did not implement it and instead terminated the appellants' contracts of employment in terms of section 12(4) of the Labour Act. The appellants appealed to the Labour Court, arguing that the termination was a de facto retrenchment.

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