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Case Details
Court
Labour Court
Date
19 February 2016
Citation
[2016] ZWLC 65
Judgment No.
LC/H/65/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
D L Hove J
Full Bench
D L Hove J
Areas of Law
Labour lawEmployment contractsDisciplinary procedures
Keywords
absenteeismre-engagementwaiverprescriptionarbitral award
Tags
disciplinary proceedingscondonationprescriptionre-engagement
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment Act No 20 of 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the employer waived its right to discipline the appellant by re-engaging her and delaying disciplinary action","issue_type":"mixed","dispositive":"yes","related_facts":"Re-engagement in June 2010, disciplinary charges brought in January 2011"}
- {"issue_text":"Whether the dispute had prescribed under SI 171/2010","issue_type":"procedural","dispositive":"no","related_facts":"Time lapse between alleged misconduct and disciplinary action"}
- {"issue_text":"Whether the correct disciplinary code was applied","issue_type":"procedural","dispositive":"no","related_facts":"Transfer from ZINWA to City of Harare"}
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background
Facts of the Case
Background
The appellant was employed by ZINWA and stopped reporting for duty in May 2008. Following a government directive transferring water management functions to local authorities, she was re-transferred to the respondent. She applied for re-engagement in June 2010 and resumed duty on 21 June 2010. In January 2011, the respondent brought disciplinary charges against her for absenteeism from May 2008 to June 2010.
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