Bindura Nickel Corporation v Francis Madyirapanze

[2023] ZWLC 278

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Case Details

Court

Labour Court

Date

20 September 2023

Citation

[2023] ZWLC 278

Judgment No.

LC/H/278/23

Outcome

unknown

Case Type

Application

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour lawEmployment lawAdministrative justice

Keywords

Fair hearingDisciplinary proceedingsNatural justiceCode of conductLabour relations

Key Issues

{"issue_text":"Whether the applicant has good prospects of success on appeal regarding the alleged breach of right to fair hearing","issue_type":"law","dispositive":"yes","related_facts":"Private consultation between presiding officer and complainant outside disciplinary proceedings"}
{"issue_text":"Whether the court erred in referring to \"disciplinary committee\" instead of \"hearing officer\"","issue_type":"procedural","dispositive":"no","related_facts":"Terminology used in judgment"}

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background

Facts of the Case

Background

The applicant employer dismissed the respondent employee for misconduct. The respondent challenged the dismissal on review, arguing that the presiding officer had violated his right to fair hearing by consulting privately with the complainant outside the disciplinary proceedings. The Labour Court agreed and found the right to fair hearing had been denied.

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