Jobert Mudzumwe v Commercial Workers Union of Zimbabwe

LC/H/802/16

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Case Details

Court

Labour Court

Date

16 December 2016

Citation

LC/H/802/16

Neutral Citation

[2016] ZWLC 802

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

Disciplinary hearingArbitratorMisconductBriberyRemittalDe novo hearing

Key Issues

{"issue_text":"Whether the arbitrator erred by dealing with issues already determined by the Labour Court","issue_type":"procedural","dispositive":"yes","related_facts":"Manyangadze J made binding findings on disciplinary hearing"}
{"issue_text":"Whether the arbitrator properly considered the misconduct on merits","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence of $2000 withdrawal and intended bribe"}
{"issue_text":"Whether criminal conviction record was properly used","issue_type":"law","dispositive":"no","related_facts":"Criminal conviction existed, appellant had appealed"}

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background

Facts of the Case

Background

The appellant, a trade union official, was dismissed by the respondent union for misconduct involving the withdrawal of $2000 from the union's bank account intended as a bribe. After initial procedural challenges, the matter was remitted for a de novo hearing on merits, resulting in the appellant's dismissal being upheld by arbitrator Gohodzi.

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