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Labour Court

Zimbabwe Urban Council Workers Union v Municipality of Marondera

JUDGMENT NO. LC/H/113/2014

Case Details

Court
Labour Court
Date
28 February 2014
Citation
JUDGMENT NO. LC/H/113/2014
Neutral Citation
[2014] ZWLC 113
Judgment No.
LC/H/113/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour LawEmployment Law
Keywords
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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