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NORMAL RETIREMENT

Retirement is a source of contention in labour relations. Unbelievable as it may sound, there have been cases where employees have approached their employers with “new” birth certificates simply to prove that they haven’t reached their retirement ages. Some employees … Read the rest

Retirement is a source of contention in labour relations. Unbelievable as it may sound, there have been cases where employees have approached their employers with “new” birth certificates simply to prove that they haven’t reached their retirement ages. Some employees have claimed unfair discrimination simply because there were retired when others were afforded late retirement options. Despite the challenges that some might face, retiring employees is not as complicated as it may appear [...]

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Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (2014) 35 ILJ 209 (SCA)

Introduction

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others is a case decided in the Supreme Court of Appeal of South Africa. I think is relevant to the Zimbabwean Jurisdiction even though its binding effect in our jurisdiction … Read the rest

Introduction

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others is a case decided in the Supreme Court of Appeal of South Africa. I think is relevant to the Zimbabwean Jurisdiction even though its binding effect in our jurisdiction … Read the rest

SICK LEAVE & RETIREMENT ON MEDICAL GROUNDS

This article will provide a juxtaposition of the sick leave clauses in the Labour Act and the interpretations that have been fostered by courts in Zimbabwe and to a certain extent by South African Courts. It is hoped that by … Read the rest

This article will provide a juxtaposition of the sick leave clauses in the Labour Act and the interpretations that have been fostered by courts in Zimbabwe and to a certain extent by South African Courts. It is hoped that by coming up with such a comparison the law on sick leave will be made clear [...]

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DISPUTE RESOLUTION AND IMPARTIALITY

In this article, I will delve into the concept of impartial tribunals and a place this concept has in ensuring justice. I will also note with great concern that some tribunals have been found wanting in as far as this … Read the rest

In this article, I will delve into the concept of impartial tribunals and a place this concept has in ensuring justice. I will also note with great concern that some tribunals have been found wanting in as far as this concept is concerned [...]

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QUANTIFICATION OF DAMAGES IN LIEU OF REINSTATEMENT.

The legal principles behind the quantification of damages in lieu of reinstatement have been clearly ascertained by our courts. The Labour Act (Chapter 28:01) provides for various forms of reliefs in cases of unfair labour practices. The reliefs include, but … Read the rest

The legal principles behind the quantification of damages in lieu of reinstatement have been clearly ascertained by our courts. The Labour Act (Chapter 28:01) provides for various forms of reliefs in cases of unfair labour practices. The reliefs include, but are not limited to, an order for back pay, damages for prejudice suffered because of the unfair labour practice and reinstatement (Section 89 (2) (C) of the Act) [...]

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RECOVERY OF COMPANY PROPERTY FROM EX-EMPLOYEES

Situations may arise that necessitate the need for a company to retain its property that is in the hands of ex-employees. A typical example is when an employee who has been allocated a company vehicle or a laptop is subsequently … Read the rest

Situations may arise that necessitate the need for a company to retain its property that is in the hands of ex-employees. A typical example is when an employee who has been allocated a company vehicle or a laptop is subsequently dismissed. The employee in this example may insist on using the company property pending the outcome of an appeal process [...]

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