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Labour Court
First Capital Bank v Rudo Kumire
[2020] ZWLC 51
Case Details
Court
Labour Court
Date
24 January 2020
Citation
[2020] ZWLC 51
Judgment No.
LC/H/51/2020
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawDisciplinary proceedingsProcedural fairness
Keywords
disciplinary hearingmitigationappeals boardprocedural irregularitybanking employment
Tags
unfair dismissaldisciplinary hearingbanking sectorprocedural irregularity
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appeals board erred in raising and deciding issues mero motu without giving parties opportunity to be heard","issue_type":"procedural","dispositive":"yes","related_facts":"Appeals board considered issues not raised by parties"}
- {"issue_text":"Whether failure to allow mitigation submissions vitiates entire disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Hearing officer omitted mitigation stage"}
- {"issue_text":"Whether appeals board has jurisdiction to hear review matters in appeal proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Appeals board purported to convert appeal to review"}
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background
Facts of the Case
Background
The respondent, a data input clerk at First Capital Bank, was dismissed for alleged fraud and conduct inconsistent with her employment contract. The appeals board of the National Employment Council upheld her dismissal, but the Labour Court found the appeals board had committed serious procedural irregularities by raising and deciding issues mero motu without giving parties an opportunity to be heard.
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