B Nyahanana v City of Harare

[2016] ZWLC 351

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Case Details

Court

Labour Court

Date

27 May 2016

Citation

[2016] ZWLC 351

Judgment No.

LC/H/351/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R F Manyangadze J

Full Bench

R F Manyangadze J

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

sick leaveabsent without leavedismissalcollective bargaining agreementcode of conduct

Key Issues

{"issue_text":"Whether the appellant properly proceeded on sick leave for the period June 2008 to February 2009","issue_type":"mixed","dispositive":"yes","related_facts":"Absence without formal sick leave approval; no medical documentation"}
{"issue_text":"Whether the arbitral award upholding dismissal was grossly unreasonable or irrational","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's finding that appellant violated sick leave regulations"}

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background

Facts of the Case

Background

The appellant, a Sub-Officer Grade 8 employed by City of Harare, was dismissed for being absent from work without leave from June 2008 to February 2009. After a traumatic work-related accident in January 2008 where four colleagues died, the appellant was granted sick leave until March 2008 but remained absent until February 2009, claiming he was receiving counselling.

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