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Labour Court
Bisset Chimhini v T M Supermarkets (Private) Limited
[2014] ZWLC 855
Case Details
Court
Labour Court
Date
19 December 2014
Citation
[2014] ZWLC 855
Judgment No.
LC/H/855/2014
Outcome
unknown
Case Type
Review
Bench
Presiding
L F Kudya
Full Bench
L F Kudya
Areas of Law
Labour lawDisciplinary proceedingsProcedural fairness
Keywords
disciplinary hearingprocedural irregularityreviewsuspensionbias
Tags
disciplinary proceedingsreviewprocedural irregularity
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether opposition was valid when deposed to by holding company CEO","issue_type":"procedural","dispositive":"no","related_facts":"Moxton, CEO of Meikles Holdings, deposed to opposing affidavit"}
- {"issue_text":"Whether failure to join chairperson of disciplinary committee was fatal","issue_type":"procedural","dispositive":"no","related_facts":"Chairperson not joined as party to proceedings"}
- {"issue_text":"Whether suspension and notice by Dyk was valid","issue_type":"procedural","dispositive":"no","related_facts":"Dyk issued suspension and notice but applicant disputed his authority"}
- {"issue_text":"Whether employee walking out of hearing affected right to review","issue_type":"mixed","dispositive":"no","related_facts":"Applicant walked out after objections overruled"}
- {"issue_text":"Whether hearing without documents and evidence was procedurally fair","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant denied access to exhibits before witnesses led"}
- {"issue_text":"Whether use of outsiders (Dyk, Mpofu, chairperson) tainted proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Non-employees participated in disciplinary process"}
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background
Facts of the Case
Background
The applicant, an employee of the respondent, faced disciplinary charges. During the proceedings, he raised several objections including the chairmanship of the committee and access to evidence. When these objections were overruled, the applicant and his counsel walked out, and the hearing proceeded in his absence. The applicant sought review of the disciplinary proceedings.
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