Martin Chahwanda v Minister of Primary and Secondary Education & Anor

[2025] ZWLC 140

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Case Details

Court

Labour Court

Date

3 April 2025

Citation

[2025] ZWLC 140

Judgment No.

LC/H/140/2025

Outcome

unknown

Case Type

Review

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour LawPublic Service Law

Keywords

audi alteram partemsummary dischargesick leaveabsenteeismnatural justice

Key Issues

{"issue_text":"Whether applicant was entitled to a hearing before termination of his employment contract by respondents","issue_type":"legal","dispositive":"yes","related_facts":"Applicant's absence without leave for more than 30 days"}
{"issue_text":"Whether applicant was heard before termination of his employment contract by respondents","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's absence and failure to respond to communications"}

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background

Facts of the Case

Background

The applicant, a teacher employed by the Ministry of Primary and Secondary Education, was dismissed for absenteeism after being on sick leave beyond the 90-day period without proper medical certification. His wife had submitted a resignation letter on his behalf, but the Ministry later executed a summary discharge after nine years of unsuccessful attempts to locate him.

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