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Labour Court
City of Harare v Eben Francisco
[2014] ZWLC 190
Case Details
Court
Labour Court
Date
7 February 2014
Citation
[2014] ZWLC 190
Judgment No.
LC/H/190/2014
Outcome
unknown
Case Type
Application
Bench
Presiding
R F Manyangadze
Full Bench
R F Manyangadze
Areas of Law
Labour LawEmployment LawArbitration
Keywords
reinstatementarbitral awardstay of executiondisciplinary proceedingscollective bargaining agreement
Tags
stay of executionarbitral awardinterim reliefdisciplinary proceedings
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984
- Regulation of Investigatory Powers Act 2000
- Human Rights Act 1998
- European Convention on Human Rights (Article 6)
- European Convention on Human Rights (Article 8)
- European Convention on Human Rights (Article 10)
- European Convention on Human Rights (Article 14)
- Criminal Procedure and Investigations Act 1996
- Criminal Justice Act 1988
- Criminal Justice Act 2003
- Criminal Evidence Act 1898
- Criminal Appeal Act 1968
- Criminal Appeal Act 1995
- Supreme Court Act 1981
- Access to Justice Act 1999
- Courts and Legal Services Act 1990
- Prosecution of Offences Act 1985
- Prosecution of Offences Act 1996
- Youth Justice and Criminal Evidence Act 1999
- Terrorism Act 2000
- Anti-terrorism, Crime and Security Act 2001
- Prevention of Terrorism Act 2005
- Serious Organised Crime and Police Act 2005
- Extradition Act 2003
- Immigration and Asylum Act 1999
- Nationality, Immigration and Asylum Act 2002
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
- Immigration, Asylum and Nationality Act 2006
- Prison Act 1952
- Prison Rules 1999
- Crime (Sentences) Act 1997
- Criminal Justice and Court Services Act 2000
- Powers of Criminal Courts (Sentencing) Act 2000
- Criminal Justice (Sentencing) (Licence Conditions) Act 2003
- Criminal Justice and Immigration Act 2008
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Serious Crime Act 2007
- Fraud Act 2006
- Theft Act 1968
- Theft Act 1978
- Fraudulent Mediums Act 1951
- Forgery and Counterfeiting Act 1981
- Bribery Act 2010
- Computer Misuse Act 1990
- Data Protection Act 1998
- Data Protection Act 2018
- Freedom of Information Act 2000
- Official Secrets Act 1989
- Official Secrets Act 1920
- Official Secrets Act 1911
- Interception of Communications Act 1985
- Security Service Act 1989
- Intelligence Services Act 1994
- Justice and Security Act 2013
- Inquiries Act 2005
- Coroners and Justice Act 2009
- Constitutional Reform Act 2005
- Constitutional Reform and Governance Act 2010
- European Communities Act 1972
- European Union (Withdrawal) Act 2018
- European Union (Withdrawal Agreement) Act 2020
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether absence of Founding Affidavit is fatal to application","issue_type":"procedural","dispositive":"no","related_facts":"Application filed without Founding Affidavit"}
- {"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Legal question about applicable disciplinary code for acting employee"}
- {"issue_text":"Whether applicant will suffer irreparable harm if execution proceeds","issue_type":"law","dispositive":"no","related_facts":"Reinstatement would occur pending appeal"}
- {"issue_text":"Where balance of convenience lies","issue_type":"mixed","dispositive":"yes","related_facts":"Need to hold fresh disciplinary proceedings under contested legal basis"}
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background
Facts of the Case
Background
The respondent, a Senior Valuer employed by City of Harare, was dismissed for misconduct in January 2012 following disciplinary proceedings under the Municipal Code of Conduct. An arbitrator found he should have been charged under the National Employment Code of Conduct and ordered his reinstatement and fresh disciplinary proceedings. The applicant sought stay of execution of this arbitral award pending appeal.
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