Unfair dismissalDisciplinary hearingArbitral awardAppealFunctus officio
Tags
Disciplinary hearingArbitral awardAppeal
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the disciplinary authority had jurisdiction to proceed with the hearing while an appeal on a preliminary objection was pending","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant conceded to preliminary objection; appeal remained pending; disciplinary authority proceeded"}
{"issue_text":"Whether the respondent's absence from the disciplinary hearing constituted default requiring rescission application","issue_type":"procedural","dispositive":"no","related_facts":"Respondent notified of hearing; chose not to attend; disciplinary authority proceeded in absentia"}
{"issue_text":"Whether the arbitrator erred in finding the dismissal to be a nullity","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator found procedural impropriety; appellant challenged finding"}
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background
Facts of the Case
Background
The respondent, a Captain employed by Air Zimbabwe, was dismissed following disciplinary proceedings conducted in his absence. The arbitrator found the dismissal to be a nullity because the disciplinary authority proceeded while an appeal on a preliminary objection was pending. Air Zimbabwe appealed this arbitral award.
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