Twindale Enterprises (Pvt) Ltd v Emmanuel Shoko

JUDGMENT NO LC/H/218/14

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Case Details

Court

Labour Court

Date

28 October 2014

Citation

JUDGMENT NO LC/H/218/14

Neutral Citation

[2014] ZWLC 218

Judgment No.

LC/H/218/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour LawContract Law

Keywords

Employer-employee relationshipVerbal contractCommission-based remunerationArbitration

Key Issues

{"issue_text":"Whether there was an employer-employee relationship or a partnership agreement between the parties.","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of engagement, verbal contract, provision of vehicle, payment by commission, lack of written agreement."}
{"issue_text":"Whether the respondent was unfairly dismissed.","issue_type":"law","dispositive":"yes","related_facts":"Retrieval of vehicle on 2 February 2011, lack of disciplinary proceedings, lack of notice."}
{"issue_text":"Whether the appellant is liable for wages and allowances claimed.","issue_type":"law","dispositive":"yes","related_facts":"Non-payment from September 2009 to January 2011, nature of relationship."}

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Facts of the Case

Background

The appellant appealed against an arbitral award that found an employer-employee relationship existed and ordered payment of wages and allowances. The appellant claimed the relationship was a partnership agreement, while the respondent alleged unfair dismissal and non-payment of wages.

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