Employee transferCollective bargaining agreementProcedural fairnessSection 28 of Code
Tags
Transfer disputesCollective bargaining agreementProcedural compliance
legislation
Statutes Cited
Collective Bargaining Agreement: Harare Municipal Undertaking (General Conditions of Service) Statutory Instrument 135 of 2012
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred by finding that transfers were not procedurally effected","issue_type":"mixed","dispositive":"yes","related_facts":"Letter dated 1 December 2014, requirement to report 3 December 2014, no representations made"}
{"issue_text":"Whether section 28(3) of the Code was applicable to the respondents' situation","issue_type":"law","dispositive":"no","related_facts":"Lateral transfers within same department"}
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background
Facts of the Case
Background
The respondents, employees of City of Harare, were transferred laterally on 1 December 2014. They raised a grievance claiming the transfers were procedurally flawed as they were not given opportunity to make representations and were not notified timeously. An arbitrator found the transfers lacked proper procedure. The appellant appealed this decision.
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