TM SUPERMARKETS (PVT) LTD v NKOMO & ORS 2018 (1) ZLR 436 (S)
Citation | 2018 (1) ZLR 436 (S) |
Case No | Judgment No. S-26-18 |
Court | Supreme Court, Harare |
Judge | Garwe JA, Gowora JA & Bere AJA |
Heard | 28 November 2016 |
Judgment | 8 May 2018 |
Counsel | T Mpofu, for the appellant |
Case Type | Labour appeal |
Annotations |
Flynote
Employment – arbitration – arbitrator – powers of – interference with employer's discretion – when arbitrator can interfere with employer's decision
Employment – unfair labour practice – what is – setting up of a performance-based incentive by the employer – significance of performance-based bonus scheme – grant of such not proscribed by law – when can scheme constitute unfair labour practice
Maxims – ex turpi causa non oritur actio – application – employment law – incentive scheme found to be unlawful – not competent to award back pay to person claiming to be entitled to it
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