Zuva Petroleum (Pvt) Ltd v Don Nyamande & Anor

JUDGMENT NO. LC/H/195/2014

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Case Details

Court

Labour Court

Date

26 February 2014

Citation

JUDGMENT NO. LC/H/195/2014

Neutral Citation

[2014] ZWLC 195

Judgment No.

LC/H/195/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Author

MAXWELL J

Full Bench

F.C. Maxwell

Areas of Law

Labour LawEmployment Law

Keywords

termination on noticedismissal vs terminationSection 12(4)Section 12BSI 15 of 2006

Key Issues

{"issue_text":"Whether the arbitrator was correct in finding that the common law position to terminate an employment contract on notice was ousted with the promulgation of SI 15 of 2006 and Section 12B of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Termination of contracts on notice; applicability of Section 12B to non-disciplinary terminations"}
{"issue_text":"Whether termination on notice is distinct from dismissal under Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Nature of termination; whether disciplinary procedures apply"}
{"issue_text":"Whether Section 5 of SI 15 of 2006 is ultra vires Section 12(4) of Labour Act","issue_type":"law","dispositive":"no","related_facts":"Validity of statutory instrument provisions"}

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background

Facts of the Case

Background

Respondents were employed by BP Shell and transferred to Appellant under Section 16 of Labour Act. Appellant offered voluntary retrenchment which was declined, then served compulsory retrenchment notice. After negotiations failed and referral to Retrenchment Board, Appellant terminated contracts on notice effective 1 June 2012. Arbitrator found termination unlawful, Appellant appealed.

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