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Labour Court

Tongai Dhowa & Elliot Mutayaunga v SERVCOR (PVT) LTD

JUDGMENT NO LC/H/165/2016

Case Details

Court
Labour Court
Date
18 March 2016
Citation
JUDGMENT NO LC/H/165/2016
Neutral Citation
[2016] ZWLC 165
Judgment No.
LC/H/165/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour LawContract Law
Keywords
Silent ContractEffluxion of TimeAddendumPrescribed Form
Tags
Unfair DismissalFixed Term ContractCollective Bargaining Agreement
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the addendum to the prescribed form was valid and binding on the parties.","issue_type":"law","dispositive":"yes","related_facts":"The existence of the addendum signed by both parties."}
  • {"issue_text":"Whether the appellants' employment was terminated by effluxion of time or constituted unfair dismissal.","issue_type":"law","dispositive":"yes","related_facts":"The end date specified in the addendum (30 September 2011)."}
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background
Facts of the Case

Background

The appellants were employed by the respondent on contracts that commenced on 1 July 2011. An addendum attached to the prescribed form specified an end date of 30 September 2011. The appellants argued the addendum was invalid, rendering them permanent employees, but the Court found the contract terminated by effluxion of time on the specified end date.
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