casualisationlegitimate expectationfixed term contractcouncil resolutionarbitration award
Tags
casualisation of labourlegitimate expectationcontract employmentpermanent employment
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred in finding there was no casualisation of labour","issue_type":"law","dispositive":"yes","related_facts":"Nature of contracts (monthly renewals, 6 months to 18 years)"}
{"issue_text":"Whether the council resolution created a legitimate expectation for permanent employment","issue_type":"law","dispositive":"yes","related_facts":"Council resolution of 20 February 2013, lack of official communication"}
{"issue_text":"Whether new case authorities can be introduced at appeal stage","issue_type":"procedural","dispositive":"no","related_facts":"Appellant sought to rely on Kadzinga and Simbi cases not raised before arbitrator"}
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background
Facts of the Case
Background
The Zimbabwe Urban Council Workers Union represented 89 Marondera Municipality employees who were on monthly contract renewals for periods ranging from six months to eighteen years. The union claimed casualisation of labour and legitimate expectation of permanent employment based on a council resolution. The arbitrator dismissed the claim, and this appeal was filed against that award.
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