Voluntary Service Overseas v Peter Mutoredzanwa

JUDGMENT NO LC/H/15/2016

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Case Details

Court

Labour Court

Date

19 November 2015

Citation

JUDGMENT NO LC/H/15/2016

Neutral Citation

[2016] ZWLC 15

Judgment No.

LC/H/15/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L F Kudya J

Author

KUDYA J

Full Bench

L F Kudya J

Areas of Law

Labour LawContract Law

Keywords

tax refundemployer liabilityarbitration appealcontract interpretation

Key Issues

{"issue_text":"Whether the arbitrator erred at law in holding that the appellant was obliged to pay the $12,000 deducted by ZIMRA","issue_type":"law","dispositive":"yes","related_facts":"The arbitration ruling and the parties' contractual obligations"}
{"issue_text":"Whether the termination contract clause was illegal and unenforceable","issue_type":"law","dispositive":"yes","related_facts":"The termination agreement stating respondent would not be liable to pay tax"}
{"issue_text":"Whether the appellant grossly misdirected itself in interpreting the facts of the case","issue_type":"fact","dispositive":"no","related_facts":"The interpretation of both employment and termination contracts"}

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background

Facts of the Case

Background

The respondent employee had an employment contract with the appellant employer which provided that the appellant would pay all tax obligations on his behalf. At termination, the parties signed another agreement stating the respondent would not be liable to pay tax under Zimbabwean law. ZIMRA deducted $12,000 extra tax from the respondent's package, which the appellant refused to reimburse, arguing the termination clause was illegal.

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