Elephant Tunnellers v Manatsa Vushe

[2025] ZWLC 1250

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Case Details

Court

Labour Court

Date

6 March 2025

Citation

[2025] ZWLC 1250

Judgment No.

LC/H/1250/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawArbitration review

Keywords

unfair dismissalarbitrationjurisdictionmining NECdisciplinary proceedings

Key Issues

{"issue_text":"Whether the arbitrator erred in proceeding to determine merits after finding wrong code of conduct was applied","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator determined SI 15 of 2006 was wrong code but continued with merits"}
{"issue_text":"Whether the NEC Mining Industry had jurisdiction over the dispute","issue_type":"mixed","dispositive":"no","related_facts":"Appellant operates in mining sector, respondent worked at mine"}

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background

Facts of the Case

Background

The respondent was employed as a security guard by the appellant under an indefinite verbal contract. After disciplinary proceedings under SI 15 of 2006, he was dismissed and referred the matter to NEC Mining Industry for arbitration. The arbitrator ruled in favour of the respondent, finding underpayment and ordering compensation. The appellant appealed, arguing the arbitrator lacked jurisdiction and applied the wrong code of conduct.

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