DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. following the termination of his contract, his duties had been taken overNo. by his Judgment SC former 31/18 Civil Appeal No. SC 553/13 assistant, one Lovemore Mupotsa who, at the time of the proceedings, was acting operations manager. He also argued that the appellant could not have, in terms of the law, terminated the contract of employment on notice. Lastly he submitted that the award of damages up to 31 August 2014, when the extended contract was set to expire, was proper. [9] In its judgment, the Labour court agonized over the interpretation to be given to s 12B of the Labour Act. That section provides, in relevant part, that an employee is deemed to have been unfairly dismissed if, on termination of an employment contract of fixed duration, the employee has a legitimate expectation of being re-engaged and another person is engaged in his stead. The court found that the provision applies to all forms of termination and not only in cases where the contract has run its full course and is not renewed. Put another way, the court found that the doctrine of legitimate expectation applied even in instances where the contract is terminated on notice prior to its expiry. The court also accepted that the parties had agreed to engage each other to the end of August 2014. The court therefore found that the determination by the arbitrator that the appellant pays all salaries and benefits up to the end of August 2014 was correct. It further found that “whether or not a contract can be terminated on notice is not material in casu, the issue is statute (sic) has provided that even if you terminate on notice, the termination can still be deemed to be unfair dismissal.” It accordingly dismissed the appeal. 4