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Labour Court
Kwayedza High School Development Association v Milicent Muziringa & Anor
[2016] ZWLC 302
Case Details
Court
Labour Court
Date
24 March 2016
Citation
[2016] ZWLC 302
Judgment No.
LC/H/302/16
Outcome
unknown
Case Type
Review and Appeal (consolidated)
Bench
Presiding
E. Muchawa
Full Bench
E. Muchawa
Areas of Law
Labour lawEmployment disputes
Keywords
Unfair dismissalDisciplinary proceedingsExhaustion of local remediesArbitral award
Tags
Disciplinary hearingArbitrationReviewAppeal
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding no disciplinary hearing occurred","issue_type":"factual","dispositive":"no","related_facts":"Disciplinary hearing conducted, minutes available, terminal benefits letter sent"}
- {"issue_text":"Whether the first respondent exhausted internal remedies before arbitration","issue_type":"procedural","dispositive":"yes","related_facts":"No internal appeal filed, dispute referred directly to arbitration"}
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background
Facts of the Case
Background
The first respondent was dismissed after disciplinary proceedings. She referred a dispute to arbitration claiming unfair dismissal. The arbitrator found in her favour and ordered reinstatement or damages. The applicant sought review and appeal, arguing the arbitrator erred in finding no disciplinary hearing occurred and that the respondent failed to exhaust internal appeals.
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