secondmentprescriptionemployment contractpublic service regulationsjurisdiction
Tags
secondmentprescriptionemployment relationshippublic service
legislation
Statutes Cited
Labour Act
Labour Act
Energy Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the claim had prescribed in terms of section 94 of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Date of referral to conciliation (28 November 2012) and when cause of action arose"}
{"issue_text":"Whether there existed a contract of employment between the appellant and the respondent","issue_type":"law","dispositive":"yes","related_facts":"Nature of secondment, remuneration source, tasks performed"}
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background
Facts of the Case
Background
The respondent, a Legal Advisor in the Ministry of Energy and Power Development, was seconded to the appellant (ZERA) from October 2009 to February 2012. He claimed salary and benefits for this period, alleging he was effectively employed by the appellant. The arbitrator found in his favor, and the appellant appealed.
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