Village of Hope v G. Katewera and Others

JUDGMENT NO LC/H/470/13

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Case Details

Court

Labour Court

Date

18 September 2013

Citation

JUDGMENT NO LC/H/470/13

Neutral Citation

[2013] ZWLC 470

Judgment No.

LC/H/470/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Author

L.M. Murasi

Full Bench

B.T. ChivizheL.M. Murasi

Areas of Law

Labour LawEmployment Law

Keywords

Fixed term contractEffluxion of timeConstruction IndustryNational Employment CouncilReinstatementLegitimate expectation

Key Issues

{"issue_text":"Whether the respondents should be classified under the National Employment Council for the Construction Industry or the National Employment Council for Welfare and Educational Institutions","issue_type":"law","dispositive":"yes","related_facts":"Respondents' duties as builders; appellant's business registration"}
{"issue_text":"Whether the respondents' contracts were unlawfully terminated or expired due to effluxion of time","issue_type":"law","dispositive":"yes","related_facts":"Fixed term contracts; renewal provisions; termination date"}
{"issue_text":"Whether respondents had legitimate expectation of re-employment","issue_type":"law","dispositive":"yes","related_facts":"Contract renewal provisions; availability of funding"}

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background

Facts of the Case

Background

Respondents were employed by the appellant as builders on fixed term contracts from February 2008 until August 2012. Their contracts were terminated, and an arbitrator found they should be classified under the Construction Industry and were unlawfully dismissed. The appellant appealed, arguing the contracts expired by effluxion of time and respondents belonged to the Welfare and Educational Institutions industry.

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