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[5]
In his award, the arbitrator found that there was no basis for Judgment
the reinstatement
of the
No. SC 31/18
Civil Appeal No. SC 553/13
respondent on a permanent basis. He found that the respondent had been offered an
extension of his contract of employment by the Chief Executive Officer and that the
Chief Executive Officer had the authority to do so. He therefore accepted that the
respondent had a legitimate expectation that his contract would be extended to August
2014 when the Harare Agricultural Show was to take place. He accordingly ordered
that the respondent be paid all his wages and benefits up to 31 August 2014.
PROCEEDINGS BEFORE THE LABOUR COURT
[6]
Dissatisfied with the award, the appellant appealed to the Labour Court on three
grounds. The first was that the arbitrator had erred in finding that legitimate expectation
had been established. Secondly, that the court erred in finding that the respondent was
entitled to remuneration beyond 31 March 2014 when his contract expired. Thirdly,
that the arbitrator erred in finding that, by terminating the contract on notice prior to its
expiry, the contract had been improperly terminated.
[7]
The appellant, in its heads of argument before the Labour Court, submitted that since
the contract of employment had been terminated before it had run its full course, there
could have been no question of legitimate expectation because it is only upon its expiry
without incident that the respondent may have entertained such expectation. It further
submitted that there was no evidence that someone else had been engaged in the place
of the respondent and the arbitrator had made no finding in this regard.
[8]
In his submissions before the same court, the respondent stressed that he had been
offered an extension by the then Chief Executive Officer. He further argued that,
3