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Labour Court

A Mukwanda & 19 Others v Dalny Mine

[2014] ZWLC 636

Case Details

Court
Labour Court
Date
1 July 2014
Citation
[2014] ZWLC 636
Judgment No.
LC/H/636/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
R.F. Manyangadze J
Full Bench
R.F. Manyangadze J
Areas of Law
Labour lawEmployment law
Keywords
unlawful collective job actiondismissalarbitral awarddisciplinary proceedings
Tags
collective job actionmisconductarbitral award
legislation
Statutes Cited
  • Labour Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred in determining the matter without oral evidence being led","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties opted to rely on written submissions"}
  • {"issue_text":"Whether the arbitrator misdirected himself in upholding the dismissals based on written submissions alone","issue_type":"procedural","dispositive":"yes","related_facts":"Written submissions constituted evidence before arbitrator"}
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background
Facts of the Case

Background

Twenty employees appealed against an arbitral award that upheld their dismissal for engaging in unlawful collective job action. The arbitrator had differentiated penalties based on degree of participation, imposing dismissal for those involved in wilful disobedience and assault, and final written warnings for mere participation.
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