This is an appeal against an arbitral award ordering Appellant to pay bush allowance to the Respondents’ for the period April 2009 to April 2010.
The brief facts are that the Respondents were employed by the Appellant on a 2 year fixed contract. The Appellant did not renew the contracts after the expiration of the two years. Aggrieved by such non-renewal of the contracts, the Respondents’ filed a complaint that their fixed contracts were unlawfully terminated and that they were not paid their full salaries during their employment period. The matter was subsequently referred for arbitration. More
Applicant applied to this Court for quantification of damages for loss of employment. The application was made in terms of the Court’s judgment issued on 25 March 2022 which inter alia ordered that;
“2(b) 2nd Respondent (BRDC) shall pay Applicant damages in lieu of reinstatement in an amount either agreed by the parties or assessed by this Court.” More
Two preliminary issues were raised on behalf of the respondent. These are:
(i) that there is no cause of action.
(ii) estoppel – that the applicant waived his rights when he received a package from the employer following retrenchment and as such he is estopped from challenging the retrenchment process. More
The first and second respondent were employed by the appellant on contracts without limit of time as cashiers stationed in Bulawayo from 26 March 2006 and 7 July 2008, respectively. They operated from GV-L Service Station.
Sometime in July 2015, the appellant decided to pull out of GVL Service Station and entered into discussions with Zuva Petroleum. It was then agreed that the appellant would move out of GVL Service Station on 30 September 2015 and that Zuva Petroleum would take over four forecourt cashiers.
Following the agreement between the appellant and Zuva Petroleum, Zuva agreed to take on the... More
