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date of presentation. The notice period may vary as prescribed
Judgment by
No.the
SCLabour
31/18
Act from time to time ….”
Civil Appeal No. SC 553/13
[3]
On 28 February 2014, the appellant, through its chairman of the executive committee,
wrote to the respondent advising that his contract was being terminated in accordance
with the contract of employment and giving him one month’s notice of such
termination. The letter made it clear that he was to be paid his dues for the month of
March 2014. The total computed sum of $4 524.04 was paid into the respondent’s ZB
bank account on or about 5 March 2014.
[4]
Believing that his employment had been unlawfully terminated, the respondent
registered a claim for unlawful termination of contract. In the absence of conciliation,
the matter was eventually referred for compulsory arbitration. Before the arbitrator the
respondent’s claim was as follows. Prior to the expiration of his contract, he had been
offered a further extension of the contract by the appellant’s Chief Executive Officer,
which he accepted, and he therefore legitimately expected the contract to proceed
beyond 31 March 2014. He attached a copy of an affidavit by the then Chief Executive
to this effect. He claimed that his services were still required and work was always
available in the appellant’s organisation but someone else was appointed to act in his
position.
He therefore sought reinstatement or alternatively damages for loss of
employment. The respondent, on the other hand, submitted before the arbitrator that
the notice of termination of the contract had been given prior to the expiration of the
contract and that such notice complied with the law. Any representations made by the
then Chief Executive Officer became irrelevant and could not have removed the
employers’ right to terminate on notice.
2