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Labour Court

Joram Misheck Moyo & 2 Ors v Fidelis Matanhire N.O. & Hurungwe Rural District Council

[2020] ZWLC 56

Case Details

Court
Labour Court
Date
28 February 2020
Citation
[2020] ZWLC 56
Judgment No.
LC/H/56/2020
Outcome
unknown
Case Type
Review

Bench

Presiding
Murasi J
Full Bench
Murasi J
Areas of Law
Labour LawDisciplinary Proceedings
Keywords
disciplinary authoritycode of conductjurisdictionnullitysuspensiondismissal
Tags
disciplinary reviewcode of conductjurisdictionunfair dismissal
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the disciplinary authority had jurisdiction to preside over the misconduct proceedings","issue_type":"law","dispositive":"yes","related_facts":"Disciplinary authority not appointed under council's Code of Conduct; National Code used instead"}
  • {"issue_text":"Whether the correct code of conduct was applied in the disciplinary proceedings","issue_type":"law","dispositive":"no","related_facts":"Council had its own Code of Conduct; contracts referred to council's code; National Code was used"}
  • {"issue_text":"Whether there was bias on the part of the adjudicating authority","issue_type":"mixed","dispositive":"no","related_facts":"Chairperson's evidence favorable to applicants was ignored"}
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background
Facts of the Case

Background

Three managerial employees of Hurungwe Rural District Council were suspended following criminal charges, later acquitted. They were then subjected to internal disciplinary proceedings using the National Code instead of the council's own Code of Conduct, found guilty and dismissed. They approached the Labour Court for review.
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