The Labour Court affirmed a €51,523 minimum-wage arrears award to Sandra Dzumbira and disallowed employer Memory Nyazika’s appeal. The determination was signed on 25 November 2010.
Dzumbira said she worked as a child minder and did general housework from February 2004 until May 2009. Nyazika argued that the formal employment ended in May 2005, though she accepted Dzumbira continued to do some work in return for accommodation. The Court found Dzumbira’s evidence more credible and concluded that her employment continued until 6 May 2009.
Nyazika had kept no records of payments or hours worked. The Court applied the rule that, where an employer has not kept the required records, the employer must prove compliance with the minimum-wage law. It accepted Dzumbira’s evidence about her pay and affirmed the arrears award for the period from 2 February 2004 to 6 May 2009, payable within six weeks.