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Labour Court

Zimbabwe Energy Workers Union v Kumbirai Masasire

JUDGMENT NO LC/H/440/2014

Case Details

Court
Labour Court
Date
10 June 2014
Citation
JUDGMENT NO LC/H/440/2014
Neutral Citation
[2014] ZWLC 440
Judgment No.
LC/H/440/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
P Muzofa
Author
MUZOFA J
Full Bench
P Muzofa
Areas of Law
Labour LawContract Law
Keywords
employeelegal consultantconflict of interestsupervision and control test
Tags
employer-employee relationshiparbitration awardunfair dismissal
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in finding that an employer-employee relationship existed between the parties.","issue_type":"law","dispositive":"yes","related_facts":"Nature of engagement, payment method, representation in disciplinary hearing"}
  • {"issue_text":"Whether the relationship was mutually terminated.","issue_type":"fact","dispositive":"no","related_facts":"Termination by appellant due to conflict of interest"}
  • {"issue_text":"Whether the arbitrator erred in ordering that the respondent be paid damages in the absence of an order for reinstatement.","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's order for payment of salary"}
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background
Facts of the Case

Background

The appellant (Zimbabwe Energy Workers Union) engaged the respondent (Kumbirai Masasire) for legal services. The appellant claimed he was a legal consultant, while the respondent claimed he was an employee. The contract was terminated after the respondent represented an appellant employee in a disciplinary hearing, which the appellant claimed was a conflict of interest. The respondent filed an unfair dismissal complaint, and an arbitrator found he was an employee. The appellant appealed this finding.
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