Tobacco Sales Floor v O Magama & 2 Others

Key Issues

• {"issue_text":"Whether the contracts of employment had been unlawfully terminated by the employer at the time of dismissal, specifically whether the parties were under the expired fixed term contract or a new verbal agreement of one month.","issue_type":"mixed","dispositive":"yes","related_facts":"Employer directing work resumption on 2 May; employees resuming duties; termination when dates were disputed."}
• {"issue_text":"Whether the employees had a legitimate expectation of re-engagement under Section 12 B (3) of the Labour Act.","issue_type":"law","dispositive":"yes","related_facts":"Employer's conduct in directing work and stating formalities would be done later."}
• {"issue_text":"Whether another person was engaged in place of the employees.","issue_type":"fact","dispositive":"yes","related_facts":"Respondents' evidence vs employer's witnesses' evidence regarding replacement."}

Background