Alex Masiya v City of Harare & Anor

[2017] ZWLC 818

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Case Details

Court

Labour Court

Date

13 January 2017

Citation

[2017] ZWLC 818

Judgment No.

LC/H/818/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Labour lawEmployment discrimination

Keywords

promotiondiscriminationdesignated agentarbitrationmisconduct

Key Issues

{"issue_text":"Whether the exclusion of the second respondent from promotion constituted unlawful discrimination under section 5(1)(e) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Second respondent excluded while eight colleagues promoted; second respondent had pending disciplinary case"}
{"issue_text":"Whether the designated agent's order for promotion should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought confirmation of designated agent's ruling"}

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background

Facts of the Case

Background

The second respondent, a parking supervisor Grade 11 employed by City of Harare since 1995, alleged discrimination when he was excluded from promotions to parking sergeant Grade 10 while eight colleagues acting in similar positions were promoted. The promotions followed an arbitral award, but the second respondent was excluded due to a pending disciplinary case for gross misconduct, though he was later cleared on appeal.

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