Luckstone Matanda v Easipark Harare (Pvt) Ltd

[2016] ZWLC 755

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Case Details

Court

Labour Court

Date

2 December 2016

Citation

[2016] ZWLC 755

Judgment No.

LC/H/755/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawDisciplinary proceedingsNatural justice

Keywords

audi alteram partemwaiver of rightsdefault judgmentdisciplinary hearinglegal representation

Key Issues

{"issue_text":"Whether the appellant was denied legal representation and his application for postponement was denied","issue_type":"procedural","dispositive":"no","related_facts":"Appellant requested 10 minutes to contact lawyer; hearing proceeded in appellant's absence"}
{"issue_text":"Whether the rules of natural justice were breached by the respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Hearing proceeded in appellant's absence; appellant did not return after 10 minutes"}
{"issue_text":"Whether the appellant engaged in illegal collective job action hence committed sabotage","issue_type":"factual","dispositive":"no","related_facts":"Appellant did not defend his case"}

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Facts of the Case

Background

Appellant employee was dismissed after disciplinary hearing proceeded in his absence when he left to contact legal representative and failed to return. Multiple appeals to Local Joint Committee and Negotiating Committee were dismissed.

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