Innscor Africa Limited v Felix Ncube

LC/H/729/16

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Case Details

Court

Labour Court

Date

18 November 2016

Citation

LC/H/729/16

Neutral Citation

[2016] ZWLC 729

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour LawEmployment Law

Keywords

dismissalinternal appealarbitrationjurisdictioncode of conduct

Key Issues

{"issue_text":"Whether the arbitrator had jurisdiction to entertain the matter when respondent had not exhausted internal appeal procedures","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent did not appeal to Appeals Officer before approaching Labour Officer"}
{"issue_text":"Whether the arbitrator was correct to deliberate on merits of a default judgment","issue_type":"procedural","dispositive":"no","related_facts":"Respondent refused to attend hearing; matter decided in his absence"}

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background

Facts of the Case

Background

Respondent employee was dismissed after disciplinary proceedings conducted in his absence. He had refused to attend the hearing until his prior grievance was addressed. After dismissal, he approached Labour Officer without exhausting internal appeal procedures. Arbitrator found dismissal unfair and awarded damages.

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