City of Harare v Nozias Chinwadzimba

[2016] ZWLC 821

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Case Details

Court

Labour Court

Date

13 January 2017

Citation

[2016] ZWLC 821

Judgment No.

LC/H/821/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour LawPrescription Law

Keywords

prescriptionreinstatementarbitrationdisciplinary hearingabsenteeism

Key Issues

{"issue_text":"Whether the matter had prescribed under the Prescription Act before the 2013 disciplinary proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Absence ended February 2009; second proceedings began December 2012"}
{"issue_text":"Whether the Certificate of Settlement prevented reliance on prescription","issue_type":"procedural","dispositive":"no","related_facts":"Certificate dated 9 February 2012"}

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Facts of the Case

Background

The respondent, a Patrolman employed by the appellant, was dismissed for absenteeism from October 2008 to February 2009. After initial dismissal and settlement via a Certificate of Settlement in 2012 allowing reinstatement and re-hearing, he was dismissed again in 2013. The arbitrator found the matter prescribed under section 94 of the Labour Act.

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