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Labour Court

Barclays Bank of Zimbabwe v Perpetua Nyamayaro

LC/H/188/2016

Case Details

Court
Labour Court
Date
18 March 2016
Citation
LC/H/188/2016
Neutral Citation
[2016] ZWLC 188
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E Makamure J
Full Bench
E Makamure J
Areas of Law
Labour lawDisciplinary proceduresCondonation of late appeals
Keywords
dismissaldisciplinary committeeappeal out of timecondonationNational Employment Council
Tags
unfair dismissaldisciplinary appealcondonationtime limits
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the NEC Appeals Board erred in finding that the appeal was noted out of time","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal lodged on 14 March, seven days after 4 March announcement"}
  • {"issue_text":"Whether the date of reckoning should be 10 March instead of 4 March","issue_type":"mixed","dispositive":"no","related_facts":"Record completed on 10 March, decision announced 4 March"}
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background
Facts of the Case

Background

The respondent employee was dismissed by Barclays Bank. The G & DC Appeals Committee altered the dismissal to a final written warning. The bank appealed to the NEC Appeals Board, which declined to hear the appeal on the ground that it had been noted one day out of time. The bank then appealed to the Labour Court.
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