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Judgment No. SC 32/18
Civil Appeal No. SC 807/16
The issues listed above bear all the hallmarks of a contract negotiated, signed and
perfected. Despite the parties’ loose usage of the term ‘retrenchment’ package, I am satisfied that
the parties negotiated for and signed, an agreement for the termination of the respondent’s
employment with the appellant. The agreement was entered into between two consenting parties
and was signed freely and voluntarily. It was a contract like any other contract and can, therefore
not be said to be unlawful, as the respondent now seeks to argue.
Accordingly, I find that the parties neither contemplated nor engaged in a retrenchment
process as outlined in the relevant law.
This brings me to the second issue to be determined in this matter:
“Did Arbitrator Manase have jurisdiction to determine the lawfulness or otherwise, of the
process that culminated in the package of benefits being paid to the respondent?”
Neither the parties nor Arbitrator Manase dispute that no appeal was filed against
Arbitrator Bvumbe’s award. This was the award on the basis of which the package terminating the
employment of the respondent was worked out, paid and accepted. The award is therefore extant,
and has been fully implemented. In para (c) of his award, Arbitrator Manase correctly stated as
follows:
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