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Labour Court
Jabulani Nyathi v Methodist Church in Zimbabwe
[2013] ZWLC 69
Case Details
Court
Labour Court
Date
28 February 2013
Citation
[2013] ZWLC 69
Judgment No.
LC/H/69/13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawEmployment terminationArbitration
Keywords
Wrong proceduresRe-hearingMisconductArbitration award
Tags
Disciplinary proceedingsArbitration awardProcedural irregularity
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitration award should be set aside due to procedural irregularity","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties agreed wrong procedures were used"}
- {"issue_text":"Whether the matter should be remitted to the arbitrator or the respondent for re-hearing","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant urged remittal to respondent, respondent was non-committal"}
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background
Facts of the Case
Background
The appellant's employment was terminated by the respondent following disciplinary proceedings. An arbitration award upheld the termination. On appeal, both parties agreed that wrong procedures were used in the disciplinary proceedings, leading the court to set aside the award and remit the matter for re-hearing.
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