Living Waters Theological Seminary v Reverend Ngoni Chikwanha

SC 59/21

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Case Details

Court

Supreme Court

Date

27 May 2021

Citation

SC 59/21

Neutral Citation

[2021] ZWSC 59

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Malaba CJ

Author

Uchena JA

Full Bench

Malaba CJUchena JAChiweshe AJA

Areas of Law

Labour lawEmployment law

Keywords

Labour officer jurisdictionArbitrationDisciplinary appealNatural justice

Key Issues

{"issue_text":"Whether labour officer and arbitrator have jurisdiction to preside over matters already determined by disciplinary and appeals committees","issue_type":"procedural","dispositive":"yes","related_facts":"Internal disciplinary proceedings completed before referral"}
{"issue_text":"Whether court a quo's decision on charge and finding of bias was correct","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of procedural irregularities in disciplinary hearing"}

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background

Facts of the Case

Background

Employee dismissed for misconduct after disciplinary hearing; internal appeal committee substituted dismissal with demotion; employee referred dispute to labour officer leading to arbitration; arbitrator upheld dismissal; Labour Court on appeal set aside arbitration award finding procedural unfairness; employer appealed to Supreme Court.

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