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Labour Court
City of Harare v Thomford Thom & 5 Others
[2016] ZWLC 568
Case Details
Court
Labour Court
Date
4 February 2016
Citation
[2016] ZWLC 568
Judgment No.
LC/H/568/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawEmployment disputes
Keywords
Lateral transferCollective bargaining agreementWillful disobedienceReinstatementAudi alteram partem
Tags
Collective bargaining agreementLateral transferWillful disobedienceReinstatement
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in law by finding that lateral transfer was unlawful when done without affording employees opportunity to make representations","issue_type":"law","dispositive":"yes","related_facts":"Employees not consulted before transfer decision"}
- {"issue_text":"Whether the arbitrator properly ordered reinstatement without first setting aside guilty verdict","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator substituted penalty without quashing proceedings"}
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background
Facts of the Case
Background
Six municipal employees were dismissed for refusing to accept lateral transfer letters after being directed to move to new work stations without prior consultation. The employees argued that the transfers violated section 28(7) of the Collective Bargaining Agreement requiring opportunity to make representations before transfer.
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