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Labour Court
Linda Chivero & Anor v Chitungwiza Central Hospital & 2 Ors
LC/H/297/23
Case Details
Court
Labour Court
Date
29 September 2023
Citation
LC/H/297/23
Neutral Citation
[2023] ZWLC 297
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Kachambwa J
Full Bench
Kachambwa J
Areas of Law
Labour lawDisciplinary proceedingsUrgent applications
Keywords
suspensiondisciplinary hearingautrefois acquiturgencyreview
Tags
urgent applicationreviewsuspensiondisciplinary hearingautrefois acquit
legislation
Statutes Cited
- No statutes were cited in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent chamber application met the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 22 July 2023 for hearing on 26 July 2023"}
- {"issue_text":"Whether the court should intervene to stop a disciplinary hearing before it occurs","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants sought to stop hearing based on autrefois acquit defence"}
- {"issue_text":"Whether autrefois acquit can be raised as a defence before disciplinary tribunal","issue_type":"law","dispositive":"no","related_facts":"Applicants had been previously acquitted of same charges"}
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background
Facts of the Case
Background
The applicants, employees of Chitungwiza Central Hospital, were suspended and scheduled for a disciplinary hearing on charges they had previously been acquitted of. They sought urgent court intervention to stop the hearing and uplift their suspension, claiming the process was irregular and constituted double jeopardy.
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